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71 Cards in this Set
- Front
- Back
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Purpose of Builders’ Liens |
protect sub-contractors from not being paid by general contractors |
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For workers in the building trade, there is no ______. All the work and materials they supply are incorporated into the building under construction. •Workers or suppliers often deal only with _____ and have no contact with the ______. •Legislation was created to deal with this dilemma •In Alberta, builders’ liens are governed by the ______, R.S.A. 2000, c B-7. |
chattel to hold on to the general contractor actual owner of the land Builders’ Lien Act |
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A builders’ lien is a |
statutory charge on the estate of an owner of land granted to a workman or supplier that has not been paid for services or material provided in the construction or repair of an improvement on land |
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The Builders’ Lien (in the prescribed form) must be prepared and registered at ______. The lien is registered on the ____ The lien can be enforced by _____. |
the Land Titles Office The title to the land for which builder supplied services or materials for improvement. commencing an action in the Court of Queen’s Bench |
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There are TWO aspects to a builders’ lien action |
1) Debt remedy: An in personam action against the person with whom the worker had direct contractual dealings In Rem 2) The interest in land A rem action “against the thing” A direct claim or charge against the land where the work was done |
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The Builders’ Lien (in the prescribed form) must be prepared and registered at ______. The lien is registered on the ____ The lien can be enforced by _____. |
the Land Titles Office The title to the land for which builder supplied services or materials for improvement. commencing an action in the Court of Queen’s Bench |
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There are TWO aspects to a builders’ lien action |
1) Debt remedy: An in personam action against the person with whom the worker had direct contractual dealings In Rem 2) The interest in land A rem action “against the thing” A direct claim or charge against the land where the work was done |
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Builder's lien is very similar to a mortgage Key difference: 2 not require
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does not require the signature of the owner on a legal document to make it valid Does not require that the worker or supplier had any direct contractual dealings with the owner of the property |
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The Builders’ Lien Act gives a worker or supplier the ability to not only ______, but also _____. |
sue the person who hired him or her make a claim against the land itself |
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Typically, the OWNER of the land deals only with the _____. Depending on the size of the contractor or size of the job, the GENERAL CONTRACTOR may hire SUBCONTRACTORS to do part of the work |
GENERAL CONTRACTOR with whom he or she signs an agreement to do work on the land |
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In most situations, the owner has no idea that these workers are _____. |
separate from the general contractor |
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Typically, the OWNER of the land deals only with the _____. Depending on the size of the contractor or size of the job, the GENERAL CONTRACTOR may hire SUBCONTRACTORS to do part of the work |
GENERAL CONTRACTOR with whom he or she signs an agreement to do work on the land |
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In most situations, the owner has no idea that these workers are _____. |
separate from the general contractor |
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_______are capable of having a builders’ lien On the construction of a new home, this could amount to 50 or 60 people! Seems like a lot, but… the obligations on the owner under the Builders’ Lien Act are actually quite modest |
Any of the contractors, subcontractors, sub-subcontractors, workers or suppliers |
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Typically, the OWNER of the land deals only with the _____. Depending on the size of the contractor or size of the job, the GENERAL CONTRACTOR may hire SUBCONTRACTORS to do part of the work |
GENERAL CONTRACTOR with whom he or she signs an agreement to do work on the land |
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In most situations, the owner has no idea that these workers are _____. |
separate from the general contractor |
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_______are capable of having a builders’ lien On the construction of a new home, this could amount to 50 or 60 people! Seems like a lot, but… the obligations on the owner under the Builders’ Lien Act are actually quite modest |
Any of the contractors, subcontractors, sub-subcontractors, workers or suppliers |
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Who Can File a Lien? The subcontractor has a right to a lien on the land for Every person who - The subcontractor has a right to a lien on the land for_____because______. |
Every person who -a) Does work -b) Supplies materials -c) Rents equipment what is owing to them because they provided an improvement for the owner |
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improvement is defined as |
anything constructed on the land that is meant to be a permanent part of the land |
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The minimum claim necessary to file a builders’ lien is $_____. |
300.00 |
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The minimum claim necessary to file a builders’ lien is $_____. |
300.00 |
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It is not possible to contract out of ______. Even if a contractor had a written agreement with one of its subcontractors that the subcontractor _____, the court would _____. |
the Builders’ Lien Act gave up all rights to file a lien strike out that provision |
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The minimum claim necessary to file a builders’ lien is $_____. |
300.00 |
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It is not possible to contract out of ______. Even if a contractor had a written agreement with one of its subcontractors that the subcontractor _____, the court would _____. |
the Builders’ Lien Act gave up all rights to file a lien strike out that provision |
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The right to file a lien arises when ______. The right to file a lien ends _____. The court is VERY strict about this limitation period – they will NOT accept late filings, |
work is begun or material is first supplied 45 days from the time work was last done or materials were last supplied |
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The minimum claim necessary to file a builders’ lien is $_____. |
300.00 |
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It is not possible to contract out of ______. Even if a contractor had a written agreement with one of its subcontractors that the subcontractor _____, the court would _____. |
the Builders’ Lien Act gave up all rights to file a lien strike out that provision |
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The right to file a lien arises when ______. The right to file a lien ends _____. The court is VERY strict about this limitation period – they will NOT accept late filings, |
work is begun or material is first supplied 45 days from the time work was last done or materials were last supplied |
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The Court is VERY strict about ______set out in the Builders’ Lien Act It is extremely important that the legal assistant is diligent about ______. |
all limitation periods and deadlines noting all limitation dates |
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The minimum claim necessary to file a builders’ lien is $_____. |
300.00 |
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It is not possible to contract out of ______. Even if a contractor had a written agreement with one of its subcontractors that the subcontractor _____, the court would _____. |
the Builders’ Lien Act gave up all rights to file a lien strike out that provision |
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The right to file a lien arises when ______. The right to file a lien ends _____. The court is VERY strict about this limitation period – they will NOT accept late filings, |
work is begun or material is first supplied 45 days from the time work was last done or materials were last supplied |
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The Court is VERY strict about ______set out in the Builders’ Lien Act It is extremely important that the legal assistant is diligent about ______. |
all limitation periods and deadlines noting all limitation dates |
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A STATEMENT OF LIEN must be completed and filed at ______within _____. Liens involving ______have ______requirements |
the Land Titles Office in the district where the land is located the 45-day limitation period Crown land, mines and minerals interests, leasehold estates, life estates and Public Works projects separate or additional
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The minimum claim necessary to file a builders’ lien is $_____. |
300.00 |
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It is not possible to contract out of ______. Even if a contractor had a written agreement with one of its subcontractors that the subcontractor _____, the court would _____. |
the Builders’ Lien Act gave up all rights to file a lien strike out that provision |
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The right to file a lien arises when ______. The right to file a lien ends _____. The court is VERY strict about this limitation period – they will NOT accept late filings, |
work is begun or material is first supplied 45 days from the time work was last done or materials were last supplied |
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The Court is VERY strict about ______set out in the Builders’ Lien Act It is extremely important that the legal assistant is diligent about ______. |
all limitation periods and deadlines noting all limitation dates |
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A STATEMENT OF LIEN must be completed and filed at ______within _____. Liens involving ______have ______requirements |
the Land Titles Office in the district where the land is located the 45-day limitation period Crown land, mines and minerals interests, leasehold estates, life estates and Public Works projects separate or additional
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Lien forms can be obtained at ______ or ______. |
the Land Titles Office online through the Service Alberta website |
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The minimum claim necessary to file a builders’ lien is $_____. |
300.00 |
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It is not possible to contract out of ______. Even if a contractor had a written agreement with one of its subcontractors that the subcontractor _____, the court would _____. |
the Builders’ Lien Act gave up all rights to file a lien strike out that provision |
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The right to file a lien arises when ______. The right to file a lien ends _____. The court is VERY strict about this limitation period – they will NOT accept late filings, |
work is begun or material is first supplied 45 days from the time work was last done or materials were last supplied |
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The Court is VERY strict about ______set out in the Builders’ Lien Act It is extremely important that the legal assistant is diligent about ______. |
all limitation periods and deadlines noting all limitation dates |
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A STATEMENT OF LIEN must be completed and filed at ______within _____. Liens involving ______have ______requirements |
the Land Titles Office in the district where the land is located the 45-day limitation period Crown land, mines and minerals interests, leasehold estates, life estates and Public Works projects separate or additional
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Lien forms can be obtained at ______ or ______. |
the Land Titles Office online through the Service Alberta website |
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Name and Address of Lien Claimant The proper name of the lien claimant should be used |
The person who has not been paid for the work done or the materials supplied |
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The minimum claim necessary to file a builders’ lien is $_____. |
300.00 |
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It is not possible to contract out of ______. Even if a contractor had a written agreement with one of its subcontractors that the subcontractor _____, the court would _____. |
the Builders’ Lien Act gave up all rights to file a lien strike out that provision |
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The right to file a lien arises when ______. The right to file a lien ends _____. The court is VERY strict about this limitation period – they will NOT accept late filings, |
work is begun or material is first supplied 45 days from the time work was last done or materials were last supplied |
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The Court is VERY strict about ______set out in the Builders’ Lien Act It is extremely important that the legal assistant is diligent about ______. |
all limitation periods and deadlines noting all limitation dates |
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A STATEMENT OF LIEN must be completed and filed at ______within _____. Liens involving ______have ______requirements |
the Land Titles Office in the district where the land is located the 45-day limitation period Crown land, mines and minerals interests, leasehold estates, life estates and Public Works projects separate or additional
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Lien forms can be obtained at ______ or ______. |
the Land Titles Office online through the Service Alberta website |
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Name and Address of Lien Claimant The proper name of the lien claimant should be used |
The person who has not been paid for the work done or the materials supplied |
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If the lien claimant uses a trade name, they should be described by
•If the lien claimant is incorporated, |
both names: “Blake Lively carrying on business as Lively’s Lumber” the exact corporate name should be used: “Lively’s Lumber Ltd.” |
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Name and Address of Registered Land Owner This information can be obtained from the _____ but should always be Most often, the land will be owned in fee simple estate, which means |
client. double-checked against the title to the property the extra line in the ownership box doesn’t need to be filled out |
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Name and Address of Registered Land Owner This information can be obtained from the _____ but should always be Most often, the land will be owned in fee simple estate, which means |
client. double-checked against the title to the property the extra line in the ownership box doesn’t need to be filled out |
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Fill in either the date on which ______ or _____OR ______if the work has not yet been completed or materials have not yet been supplied Be sure you’re within _____. |
the work was completed or abandoned when materials supplied cross out that portion the 45-day limitation period
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Name and Address of Registered Land Owner This information can be obtained from the _____ but should always be Most often, the land will be owned in fee simple estate, which means |
client. double-checked against the title to the property the extra line in the ownership box doesn’t need to be filled out |
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Fill in either the date on which ______ or _____OR ______if the work has not yet been completed or materials have not yet been supplied Be sure you’re within _____. |
the work was completed or abandoned when materials supplied cross out that portion the 45-day limitation period
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The Statement of Lien requires the person signing the lien to _____. If an individual has completed the Statement of Lien on his/her own behalf, then the “____” is filled in In the case of an agent such as an officer or director signing the affidavit on behalf of a company, the “______” should be completed (though it may still be accepted if the Affidavit Verifying Claim by Lienholder is used instead) |
complete an affidavit verifying the claim Affidavit Verifying Claim by Lienholder Affidavit Verifying Claim by Other Than Lienholder
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Name and Address of Registered Land Owner This information can be obtained from the _____ but should always be Most often, the land will be owned in fee simple estate, which means |
client. double-checked against the title to the property the extra line in the ownership box doesn’t need to be filled out |
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Fill in either the date on which ______ or _____OR ______if the work has not yet been completed or materials have not yet been supplied Be sure you’re within _____. |
the work was completed or abandoned when materials supplied cross out that portion the 45-day limitation period
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The Statement of Lien requires the person signing the lien to _____. If an individual has completed the Statement of Lien on his/her own behalf, then the “____” is filled in In the case of an agent such as an officer or director signing the affidavit on behalf of a company, the “______” should be completed (though it may still be accepted if the Affidavit Verifying Claim by Lienholder is used instead) |
complete an affidavit verifying the claim Affidavit Verifying Claim by Lienholder Affidavit Verifying Claim by Other Than Lienholder
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Upon receipt by the Land Titles Office, ______ and a copy of the lien is sent by Land Titles to: 3
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the lien is endorsed on title The person named as the registered owner The actual registered owner if different from person named on Statement The person listed as the one who ordered the work or materials |
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Name and Address of Registered Land Owner This information can be obtained from the _____ but should always be Most often, the land will be owned in fee simple estate, which means |
client. double-checked against the title to the property the extra line in the ownership box doesn’t need to be filled out |
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Fill in either the date on which ______ or _____OR ______if the work has not yet been completed or materials have not yet been supplied Be sure you’re within _____. |
the work was completed or abandoned when materials supplied cross out that portion the 45-day limitation period
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The Statement of Lien requires the person signing the lien to _____. If an individual has completed the Statement of Lien on his/her own behalf, then the “____” is filled in In the case of an agent such as an officer or director signing the affidavit on behalf of a company, the “______” should be completed (though it may still be accepted if the Affidavit Verifying Claim by Lienholder is used instead) |
complete an affidavit verifying the claim Affidavit Verifying Claim by Lienholder Affidavit Verifying Claim by Other Than Lienholder
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Upon receipt by the Land Titles Office, ______ and a copy of the lien is sent by Land Titles to: 3
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the lien is endorsed on title The person named as the registered owner The actual registered owner if different from person named on Statement The person listed as the one who ordered the work or materials |
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A lien ceases to exist unless two requirements are met within 180 days:
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1.An action is commenced under the Builders’ Lien Act: i.To realize on the lien OR ii.In which the lien may be realized 2.The lien claimant registers a Certificate of Lis Pendens (CLP) in respect of their lien at the appropriate Land Titles Office |
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A builders’ lien cannot remain on title indefinitely without some action being taken to determine its legitimacy The lien claimant has _____ days from the date of _____to prove evidence that _______ to enforce the lien |
180 filing the lien proceedings have been commenced in the Court of Queen’s Bench
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