Builders Lien Act

Builders Lien Act #282

Legally Speaking

By Gerry NeelyB.A., LL.B. February 1st, 1998 is the date when the new Builders Lien Act became law, with the exception of a few sections which will only come into force if and when they are proclaimed by regulation at a later date. The sections are those against which the British Columbia Real Estate Association protested, because

Commission Trust and the Personal Property Security Act ; Condominium Act – Assessments, Defaulting Owner, Strata Corporation Priority Over a Mortgagee #272

Legally Speaking

By Gerry Neely B.A. LL.B Column No. 266 described a B.C. Court of Appeal decision that a valid trust can be created by a properly worded independent contractor contract, despite the illegality of that form of contract under the current Real Estate Act. The significance of this decision is that the trust protects the licensee’s

Builders Lien Clause #69

Legally Speaking

By Gerry NeelyB.A. LL.B. I recently reviewed a proposed contract for the purchase of a lot and a home to be constructed by the owner/builder. The licensee who prepared the contract prudently included a clause to provide for a lien holdback. The percentage to be held back was fifteen per cent. However, since September 1,

Builders Liens #70

Legally Speaking

By Gerry NeelyB.A. LL.B. Column #69 which discussed a Builders Lien clause resulted in questions which indicate that there is some confusion as to when liens may be filed and lien holdbacks may be paid out. Those licensees who were surprised to discover that a lien could be filed against property even after title of