The principal issue in Chaston Construction Corp. v. Henderson Land Holdings (Canada) Ltd was whether architectural or engineering work constitutes the proper subject matter of a claim of builders lien under the 1997 B.C. Builders Lien Act, if the actual construction work is never commenced. The British Columbia Court of Appeal, overruling a 1999 decision of the B.C. Supreme Court, has held that it is not.

type Case Comment - Chaston Construction Corp. v. Henderson Land Holdings (Canada) Ltd., 2002 BCCA 357