Alberta Builder's Lien

What is an Alberta builder's lien?

In Alberta, a builder's lien is a legal claim registered against title to land that helps contractors, subcontractors, suppliers, and some professionals collect unpaid construction debts. Rights come from the Builder's Lien Act (Alberta).

Alberta lien law is deadline-driven. Missing registration or holdback rules can wipe out your claim even when the owner still owes money.

Who can claim a builder's lien?

Parties who improve land by furnishing work, services, or materials may have lien rights, including:

• General contractors under contract with the owner
• Subcontractors and suppliers
• Workers in some circumstances
• Architects and engineers where the Act applies

Your position in the payment chain determines notice steps and how long you have to register.

Statutory holdback (10%)

Alberta requires a 10% statutory holdback on most construction contracts. Owners and contractors must retain holdback from progress payments until the lien period ends or valid claims are resolved.

Holdback protects the payment chain. It is not optional profit for the GC. Releasing holdback early without checking lien status creates liability.

Show holdback clearly on pay applications and internal job cost reports.

Registration and deadlines

Claimants register a builder's lien at the Alberta Land Titles Office for the correct land registration district.

Deadlines depend on:

• Whether you are the contractor under the head contract or a sub/supplier
• When you last supplied work or materials
• Whether an owner files a certificate of completion (which can shorten timelines)

Many subs must give notice of intention to register within set periods. Treat every certificate of completion as an urgent calendar event.

Prompt payment and adjudication

Alberta added prompt payment and adjudication processes to speed up payment disputes on construction projects. Invoice timing, payment down the chain, and adjudication notices interact with lien rights.

Payment pressure and lien registration are related but separate tracks. Know both before a dispute hardens.

Builder's lien vs contract claim

A lien secures debt against land. A contract claim sues the party that hired you. Documentation supports both:

• Written scope and change orders
• Detailed invoices
• Delivery proof and site records

Practical tips for Alberta contractors

Calendar deadlines at mobilization. Do not start lien planning after 90 days of non-payment.

Use Alberta land descriptions correctly. Errors weaken registration.

Track holdback on every draw. Owners and lenders ask about it at release.

Get Alberta counsel on large balances. One procedural mistake can void the lien.

Disclaimer

This glossary entry is general information only, not legal advice. Alberta lien rules change and depend on project facts. Consult an Alberta construction lawyer before registering a lien or starting adjudication.