Unfair Lien Claims - The Homeowner’s Nightmare
While the British Columbia Builders Lien Act provides an important protection for contractors, that protection is not without the potential for abuse. Stories such as this one are unfortunately common. Homeowners who end up in a dispute with their contractor are likely looking at an impending lien claim. Some contractors bill hard and lien whenever the client questions the large invoices. For the homeowner who ends up dealing with this type of contractor, a lien claim can be an expensive and difficult situation.
If your home ends up liened, the first thing you should do is contact a Victoria BC builders lien lawyer, who can help guide you through the process. It may seem like a good idea to handle the situation yourself, and it is certainly possible, but any mistakes you make could ultimately be costly. A Victoria builders lien lawyer can help you get rid of the lien in the most cost effective manner.
The first thing a builders lien lawyer will probably do is examine the lien and determine if there are any errors or missed filing deadlines under the Builders Lien Act. Builders liens are a statutory remedy, which means that the lien claimant must comply with the terms of the statute in order to have a valid lien. If there are critical technical errors in the lien it may allow your builders lien lawyer to have the lien removed. The contractor might still sue you for breach of contract, but at least the title of your home will be clean.
If the lien does not have any obvious errors, you can still dispute the claim on a number of grounds. If there are defects in the contractor’s work - real defects that you can prove - then you can raise those defects as a defence. If the contractor has over-billed beyond the terms of the contract, that may also be a defence. Your builders lien lawyer can discuss specific defences that may apply to your case.
As a final option, a builders lien lawyer might be able to help you negotiate a better resolution, even if the contractor has a strong claim.
Section 19 of the Builders Lien Act makes the lien claimant liable for the damages caused by an improperly filed lien, but in reality it is uncommon for such a penalty to be applied. Section 45 of the Builders Lien Act also makes it an offence to knowingly file a false lien claim. These sections provide some protection to homeowners against outrageous lien claims, but ultimately even with these protective provisions, a bogus lien claim can be an expensive problem. The best way to deal with such a problem is to consult a builders lien lawyer who can often provide a free consultation and give you an overview of your options.
