What is the process for filing a builder's lien in British Columbia?

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Clarification of Question by jhabley-ga on 15 Mar 2004 17:09 PST

...and (sorry, forgot to add this) what is the rights of the person
against which a lien is filed? i.e. Do we have any right of appeal?

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Request for Question Clarification by pinkfreud-ga on 15 Mar 2004 17:21 PST

I found some good information on the website of the British Columbia
Law Institute.

There's quite a bit of info here:

British Columbia Law Institute
http://www.bcli.org/pages/projects/builderslien/BLAsupport/index.htm

Here's a document that looks useful, "Builders Lien Act: A guide to
filing and cancelling a claim of builders lien in British Columbia":

British Columbia Law Institute
http://www.bcli.org/pages/projects/builderslien/BLAsupport/BLA_forms_guide_2.pdf

A "Forms Guide to the Builders Lien Act of British Columbia":

British Columbia Law Institute
http://www.bcli.org/pages/projects/builderslien/BLAsupport/aboutguide.html

Does this material fully answer your question? If not, I'll be glad to
target my research more precisely.

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Clarification of Question by jhabley-ga on 15 Mar 2004 17:27 PST

Hi Pink- glad to be working with you again. Let me check the links and
I'll get back to you...

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Clarification of Question by jhabley-ga on 15 Mar 2004 17:36 PST

This is great and feel free to post it as an answer since you did find
the info I asked for. If you have any more time, I'd love to find info
about what rights the lien-"victim" has in B.C.

Thank you very much for accepting my suggestions as the answer to your
question. I've reposted the links below, with some additional material
on disputing a builder's lien.

I found some good information on the website of the British Columbia Law Institute.

There's quite a bit of info here:

British Columbia Law Institute
http://www.bcli.org/pages/projects/builderslien/BLAsupport/index.htm

Here's a document that looks useful, "Builders Lien Act: A guide to
filing and cancelling a claim of builders lien in British Columbia":

British Columbia Law Institute
http://www.bcli.org/pages/projects/builderslien/BLAsupport/BLA_forms_guide_2.pdf

A "Forms Guide to the Builders Lien Act of British Columbia":

British Columbia Law Institute
http://www.bcli.org/pages/projects/builderslien/BLAsupport/aboutguide.html

Here's some information about clearing a lien and the handling of disputes:

"What if there is a dispute concerning the "amount owing?" 

Powers of court
Commentary: the payment into court must be made in the context of an
application made to the court for that purpose. In the course of that
application, the court may hear and receive evidence, or direct the
trial of an issue, to determine the amount to be paid into court."

British Columbia Law Institute
http://www.bcli.org/pages/projects/builderslien/BLAsupport/bl9.htm

"An important feature is the ability to remove lien claims from the
owner's title through a payment into court. The amount which an owner,
contractor, or subcontractor must pay into court is determined with
reference to the limited liability principle. In most cases, a person
can clear liens from the title by paying an amount equal to the
holdback retained from the contractor or subcontractor under whom the
liens arise."

British Columbia Law Institute
http://www.bcli.org/pages/projects/builderslien/BLAsupport/bcnewbla.htm#clearing

"Where a dispute arises in relation to a project, the parties may
apply to the court for directions as to the application of the
transition rules to the circumstances of the dispute."

British Columbia Law Institute
http://www.bcli.org/pages/projects/builderslien/BLAsupport/bcnewbla.htm

Google Web Search: "builder's lien" + "british columbia"
://www.google.com/search?lr=&cr=countryCA&q=%22builder%27s+lien%22+%22british+columbia%22&hl=en&ie=UTF-8&oe=UTF-8&newwindow=1&safe=off

I hope this helps! As always, I'm ready to provide clarification as needed.

Best wishes,
pinkfreud

Thanks PF!