In the case Shimco Metal Erectors Ltd. v. North Vancouver (District) (2003), the British Columbia Court of Appeal confirmed that the Builders Lien Act creates a statutory lien against the holdback (the "Holdback Lien") that is separate from and independent of the builders lien filed against title to land (the "Builders Lien"). The Holdback Lien can arise even where no lien against title is filed, and it can persist even after the Builders Lien is extinguished. It is these characteristics of the Holdback Lien that have led to serious concerns by some owners and contractors.

type Limiting Shimco Liability