Thomas G. Heintzman, O.C., Q.C., FCIArb

Can A Lien Be Sheltered Under A Claim By A Lienholder Further Down The Supply Chain?

  The sheltering rights under the Construction Lien Act are fundamental protections for contractors, subcontractors and suppliers on a building project. But the definitions of what circumstances give rise to protected sheltering are somewhat vague.  One question is whether the liens of “superior” contractors or suppliers can shelter under an action commenced by an “inferior” […]

Continue Reading

Construction Liens: Two Thorny Issues: Can non-lienable work be sheltered? Can off-site work be liened?

In John Barlot Architect Ltd. v. 413481 Alberta Ltd, the Alberta Court of Appeal has recently dealt with two thorny issues relating to a consultant’s services and construction liens: Can a lien shelter non-lienable work?  And can a consultant’s services provided to one project be liened on a second project if they were also used […]

Continue Reading