A builders lien is a charge registered against the title to land by someone who supplied work or material to improve it and has not been paid. It is the strongest collection tool a contractor, trade or supplier has, because it ties up the owner’s title: the property usually cannot be sold or refinanced, and construction draws stop, while the lien sits there.
The deadlines are short and strict. A claim of lien generally has to be filed in the land title office within 45 days of the event that ends the work, such as the issue of a certificate of completion or the completion, abandonment or termination of the head contract. An action then has to be started and a certificate of pending litigation filed within one year, or the lien expires. Which trigger applies depends on your role and your contract, so the date should be confirmed the moment work stops.
Owners have obligations of their own, including the statutory holdback of 10 percent of the value of the work, and a lien to clear when it blocks a sale or a mortgage advance. We act for owners, general contractors, trades and suppliers, and the first conversation is always about the calendar.
What we help with
- Preparing and filing a claim of lien in the right amount against the right title
- Working out which deadline applies to your role and contract
- Starting the action and filing the certificate of pending litigation within the year
- Removing a lien by payment into court, by security, or by challenging a lien that is late or defective
- Statutory holdback: how much to hold, when it can be released, and what happens if it was released early
- Liens blocking a sale, a refinance or a construction draw
- Lien claims combined with unpaid invoice and breach of contract claims
How it usually works
- 01
Fix the deadline first
Before anything about the merits, we work out the date your lien has to be filed by, or whether the lien against your property has already expired.
- 02
File and secure the claim
For claimants, we register the lien and start the action in time. For owners, we deal with the lien so the sale or the financing can proceed.
- 03
Resolve it
Most lien claims settle once the security is in place and both sides can see the numbers. Where they do not, we push the action through and deal with holdback and priority questions as they arise.
Related services
- Construction DisputesRenovations and builds that go wrong, unpaid trades, deficiencies and builders liens.
- Debt RecoveryRecovering money you are owed and enforcing judgments, or defending a debt claim.
- Property DisputesDeals that fall apart, deposits in dispute, and disagreements between co-owners or neighbours.