In an important decision, the British Columbia Supreme Court has recently held that, under the Builders Lien Act, contractors have an independent lien right against the statutory hold-back. This right is in addition to a contractor’s right to lien the lands on which an improvement is constructed. The Court also held that a lien against the holdback is not extinguished by a contractor’s failure to perfect its claim of lien against the lands.

type Construction Law Alert - March 2002