LRC Reports

Mechanics’ Lien Act: Improvements on Land (1972)

British Columbia has had legislation creating mechanics liens (now called builders liens) since the late nineteenth century. In broad terms, the effect of this legislation is to bring about a departure from the general principle of the law that, in the absence of security for a debt being obtained by bargaining for it, no security for that debt exists. The purpose of departure from general principles is to protect participants in the construction industry, which are seen to lack the bargaining power to obtain security for their debts. This project considers the legislation in systematic way, reviewing potential reforms to each aspect of it.

Keywords: mechanics lien; builders lien; construction; trust; holdback; bond; contractor; subcontractor; owner; materialman; improvement; Mechanics Lien Act; fund; architect; debtor; creditor; lien; material; payment; chattel; contract; labour; liability

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