Construction Lien in Alberta

Strategic Representation for Owners and Contractors

We represent property owners and contractors across Alberta in construction lien matters. Whether you are seeking payment for work performed or responding to a lien registered against your property, we provide practical, strategic legal advice designed to protect your financial interests and resolve disputes efficiently.

Construction liens are powerful legal tools—but they are also strictly regulated, time-sensitive, and technical. We help our clients navigate Alberta’s construction lien regime with confidence and clarity, ensuring their rights are protected and disputes are resolved as smoothly as possible.

Alberta Construction Lien Law

Construction liens in Alberta are governed by the Prompt Payment and Construction Lien Act (PPCLA). The legislation balances the rights of owners, contractors, subcontractors, and suppliers through strict timelines and procedural requirements.

A properly registered construction lien can:
– Secure payment for unpaid work or materials
– Prevent the sale or refinancing of property
– Create significant leverage in a dispute

At the same time, improperly filed or exaggerated liens can be challenged, discharged, and potentially penalized. Because we represent both owners and contractors, we understand how lien disputes are assessed and resolved in practice. This perspective allows us to provide practical advice that protects our clients while avoiding unnecessary conflict.

Who We Represent

We regularly advise and represent a wide range of clients across Alberta:

For Contractors and Suppliers
– General contractors
– Subcontractors and skilled trades
– Material suppliers and equipment rental companies
– Engineers and consultants

For Owners and Developers
– Residential and commercial property owners
– Developers and investors
– Businesses facing liens that affect financing or property sales

Our dual-perspective experience enables us to deliver fair, efficient solutions for all parties while maintaining strong negotiation and litigation strategies.

Filing a Construction Lien in Alberta

If you have not been paid for work or materials supplied to a construction project, you may still have lien rights—even if you did not contract directly with the property owner.

Strict Deadlines Apply

Deadlines are strict under Alberta law:
– 60 days from the last supply of work or materials (most projects)
– 90 days for certain oil and gas projects

Missing a lien deadline usually eliminates lien rights entirely, regardless of how strong your claim might be.

We help contractors and suppliers by:
– Assessing whether lien rights remain available
– Preparing accurate Statements of Lien
– Registering liens correctly at Alberta Land Titles
– Avoiding common technical errors that can invalidate liens

By acting quickly and carefully, we maximize our clients’ chances of securing timely payment while minimizing risk.

Enforcing a Construction Lien

Registering a lien is only the first step. To enforce it, a lienholder must:
– Commence a court action, and
– Register a Certificate of Lis Pendens (CLP)

These steps must be completed within 180 days of registration, or the lien expires automatically.

We guide clients through the enforcement process strategically, balancing legal leverage with cost-effective resolution. Whether negotiation, adjudication, or court action is required, we help clients pursue the best possible outcome.

Defending and Removing Construction Liens

If a lien has been registered against your property, it does not automatically mean the claim is valid.

We help property owners by:
– Reviewing lien validity and compliance with the PPCLA
– Applying to discharge invalid, overstated, or late liens
– Posting security to remove liens from title
– Negotiating resolution to protect transactions, financing, and project timelines

Prompt action is critical. Ignoring a lien can delay refinancing, property sales, and construction schedules, which may lead to additional costs and complications.

Prompt Payment and Dispute Strategy

Alberta’s prompt payment regime strengthens the rights of contractors and subcontractors while ensuring owners pay on time. Key requirements include:
– Owners must pay proper invoices within 28 days
– Contractors must pay subcontractors within 7 days of receiving payment

We advise both owners and contractors on compliance, dispute resolution, and adjudication strategies. Understanding how prompt payment obligations intersect with lien rights is essential for avoiding disputes and protecting cash flow.

Why Clients Choose Us

Clients choose us because we combine deep legal knowledge with a practical, results-focused approach. We provide:
– Experience representing both owners and contractors
– Clear, business-oriented legal advice
– Strong knowledge of Alberta lien and prompt payment law
– Strategic negotiation and litigation support
– Responsive, practical service

We understand that construction disputes can disrupt cash flow, timelines, and business relationships. Our goal is always to achieve efficient, fair, and enforceable results while protecting our clients’ interests.

Frequently Asked Questions About Construction Liens in Alberta

1. What is a construction lien in Alberta?
A construction lien is a legal claim registered against a property’s title for unpaid work, services, or materials supplied to an improvement. It allows contractors, subcontractors, and suppliers to secure payment, even if they do not have a direct contract with the property owner.

2. Who can file a construction lien?
Contractors, subcontractors, tradespeople, suppliers, equipment renters, and certain consultants or engineers may file a lien if they contributed to improving a property. Property owners can also use lien laws to challenge invalid claims.

3. How long do I have to file a construction lien?
In most projects, a lien must be registered within 60 days of the last work or materials supplied. Certain oil and gas projects allow 90 days. Missing the deadline generally eliminates lien rights entirely.

4. Does registering a lien stop a property sale?
Yes. Once registered at the Alberta Land Titles Office, a lien clouds the property title, which can prevent the sale or refinancing until the dispute is resolved or the lien is removed.

5. How do I enforce a construction lien?
To enforce a lien, a court action must be commenced, and a Certificate of Lis Pendens (CLP) registered within 180 days of filing the lien. Enforcement ensures the lien remains valid and gives legal leverage to secure payment.

6. Can a property owner remove a lien?
Yes. Property owners can remove a lien by:
– Paying the claimed amount under protest
– Posting security with the court
– Applying to court to discharge invalid or overstated liens
– Negotiating a settlement
Ignoring a lien can cause delays in sales, refinancing, and construction timelines.

7. How do prompt payment rules affect liens?
Alberta’s prompt payment rules require owners to pay proper invoices within 28 days and contractors to pay subcontractors within 7 days. Prompt payment compliance can reduce reliance on liens and help resolve disputes quickly.

8. What happens if a lien is filed incorrectly?
Improper or exaggerated liens can be challenged and removed. Filing an invalid lien can expose the claimant to costs, damages, and court penalties. Accuracy and compliance with statutory requirements are critical.

9. Can I file a lien if I’m not directly contracted with the property owner?
Yes. Even without a direct contract, contractors, suppliers, and subcontractors who contributed to the property’s improvement may have lien rights, provided they file within the statutory deadline.

10. Why should I contact a lawyer for a construction lien?
Construction lien law is technical and strictly regulated. A lawyer can:
– Assess whether lien rights exist
– Prepare and register liens correctly
– Enforce or remove liens efficiently
– Protect your financial and legal interests
Timely legal advice can prevent costly mistakes and ensure your rights are preserved.