The Builders’ Lien Act (the “BLA”) in Saskatchewan is an invaluable enforcement tool for those providing materials or services to improvements on projects within the province. The provisions of the BLA prescribe specific remedies for suppliers, which enhance their enforcement and collection of unpaid invoices. These remedies, however, can have adverse impacts on the owners of liened lands. Luckily, the BLA provides some relief to these owners during the adjudication of a lien claim.

Removing a builders’ lien can be a complex process, but it is an essential step for property owners who need to clear their titles. The BLA provides several mechanisms for discharging or withdrawing liens. These include, among other things:

1. Payments into Court;
2. Applications for removal of the lien;
3. Failing to provide proper notices.

Due to the nuanced nature of builders’ liens, it is important for property owners and contractors to be aware of their rights and obligations under the BLA. Understanding the options available to you for the removal of a lien is crucial for navigating the legal landscape and ensuring that all parties' rights and obligations are respected. Ultimately, the available remedies to have the lien removed from title will be factually specific. However, owners should know there are options at each step of the lien process should they be required to maintain a clear title. Contacting a legal professional who is familiar with The Builders Lien Act will ensure your rights and interests are protected.

This article, Removing a Builders Lien – Options According to The Builders Lien Act is part of a series relating to the issues of Construction Law in Saskatchewan, written by Saskatoon associate Taylor L. Wilcox in collaboration with Regina Partner Jason M. Clayards. Follow McKercher LLP on  LinkedIn and get notified when the next article in this series is published. This post is for information purposes only and should not be taken as legal opinions on any specific facts or circumstances. Counsel should be consulted concerning your own situation and any specific legal questions you may have.

About the Authors:

Taylor Wilcox is an associate lawyer in the Saskatoon office. He practices primarily in the areas of civil litigation, construction law and foreclosure matters. Taylor holds specific knowledge with regards to condominium law and is a member of the Canadian Condominium Institute – North Saskatchewan chapter.

Jason M. Clayards is a civil litigator partner in the firm’s Regina office. He practices primarily in the areas of construction law, insurance defence, and commercial litigation.  

About McKercher LLP:

For nearly 100 years, McKercher LLP has grown deep roots across Saskatchewan, serving the community from offices in Saskatoon and Regina. Now, as one of the province’s largest and most established full-service law firms, we proudly carry on this legacy – following a client-first philosophy as we provide legal services and real solutions for the people who rely on us.