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The recent Supreme Court of British Columbia decision in All Seasons Roofing (2001) Ltd. v. Newport Village Courtenay Developments Ltd., 2025 BCSC 1930, serves as a reminder that the timelines for filing a builders lien under the Builders Lien Act, SBC 1997, c 45 (the “BLA”), are strictly enforced. Failure to comply with those timelines can result in a lien being extinguished entirely.
The decision underscores two critical and often misunderstood points: a lien claimant cannot rely on vague or unsupported assertions of ongoing work to extend the 45-day filing deadline, and an owner cannot unilaterally trigger that deadline by issuing a certificate of completion outside the statutory process.
Background
The case involves a residential construction project in Courtenay, British Columbia. The property owner, Newport Village Courtenay Developments Ltd. (“Newport”), began constructing a five-storey wood-frame building with an underground parkade in 2022 (the “Property”). Newport hired All Seasons Roofing (2001) Ltd. (“All Seasons”), to perform roofing and waterproofing work under two fixed-price contracts. The work included installing roof membrane systems and related waterproofing services (the “Work”).
Over the course of the project, All Season invoiced approximately $359,000 for the Work. Newport paid nearly all of those invoices, except for the statutory holdback required under the BLA (not yet invoiced). However, a dispute developed about additional work that All Season claimed it had performed outside the original contracts. Throughout 2024 and early 2025, All Season sent several lists of proposed change orders totaling more than $90,000. Newport acknowledged that some extra work may have been performed, but the parties could not agree on the total amount owing.
On February 24, 2025, All Season filed a builders lien against the Property in the amount of $192,721.43, which it alleges became due and owing on January 21, 2025. Shortly afterward, All Season enforced its claim of lien by commencing a court action and registering a certificate of pending litigation against the property.
Newport applied to the court to have the lien cancelled, claiming that the lien had been filed too late under the BLA and was therefore extinguished.
Decision
The question before the Court was whether the lien had been filed in time.
A builder’s lien must be filed within 45 days after the date on which a certificate of completion was issued or, if no certificate of completion has been issued, within 45 days after the head contract has been completed, abandoned or terminated, or the improvement has been completed or abandoned.
Section 1(3) of the BLA further says that an improvement is completed if the improvement or a substantial part of it is ready for use or is being used for the purpose intended.
If a lien is not filed within that time, section 22 of the BLA provides that the lien is extinguished.
In this case, Newport had purported to issue notices of certificates of completion on or about October 11, 2024. However, the Court found that these notices were invalid because they did not comply with the statutory requirements under section 7 of the BLA. In particular, a certificate of completion can only be issued following a request under section 7(3), and there is no provision permitting an owner to unilaterally issue such a certificate.
Leaving aside the invalid certificates, Newport relied on several indicators to establish that the Project was complete, including:
- that All Seasons had invoiced for 100% of the fixed-price contract work by July 2024;
- that the City of Courtenay issued a final inspection certificate on October 11, 2024; and
- that tenants began occupying the building in or around November 2024.
The Court also considered the evidence regarding ongoing work. It found that there was virtually no evidence of any work being performed by All Seasons after September 2024. While All Seasons asserted that work continued until January 21, 2025, the only supporting evidence was ferry travel by an employee, without any explanation of the nature of the work allegedly performed. The Court found this insufficient to establish that any work had been carried out that would extend the lien filing period.
On the evidence before it, the Court concluded that no work was performed in January or February 2025 that would extend the time for filing a lien, and that the Project was “completed” within the meaning of the BLA by the end of October 2024.
As a result, the lien filed on February 24, 2025 was outside the 45-day statutory period and was therefore extinguished under section 22 of the BLA. The Court ordered that the lien be cancelled, along with the associated certificate of pending litigation.
Key Takeaways
This decision reinforces several important principles about builders liens in British Columbia:
- The BLA is a strict statutory regime
The courts have repeatedly confirmed that the BLA is a complete code. This means that parties must strictly comply with its requirements. - Deadlines are strictly enforced
The 45-day deadline is strict. If the deadline is missed, a claimant’s lien rights are extinguished. - Evidence of ongoing work must be clear and specific
General statements that work continued on a project may not be enough. Contractors should keep detailed records of site attendance and the work performed. - Occupancy and readiness for use can signal completion
Even if minor work remains, a project may be considered complete if it is ready for its intended use or is already being used.
Builders liens are powerful tools that help contractors and subcontractors secure payment for their work. However, these protections only apply when the strict procedural requirements of the BLA are followed. This case serves as a reminder that contractors should carefully track project milestones and seek legal advice promptly if payment disputes arise.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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