How long do I have to file a builder's lien holdback claim after final payment on a basement development in Chestermere?
How long do I have to file a builder's lien holdback claim after final payment on a basement development in Chestermere?
In Alberta, you have 60 days from the date of substantial completion to file a construction lien claim under the Prompt Payment and Construction Lien Act (PPCLA). This applies to your basement development in Chestermere, as all Alberta municipalities follow provincial lien legislation.
The lien holdback period works differently than the filing deadline. When you hire contractors for your basement development, you're required to hold back 10% of the contract value for 60 days after substantial completion. This protects you from lien claims by subcontractors or suppliers who weren't paid by your main contractor. After the 60-day holdback period expires without any lien claims being filed, you can release the final holdback payment.
Substantial completion is the key date — this is when the work is ready for its intended use, even if minor deficiencies remain. For a basement development, this typically means when you can actually use the space (flooring done, electrical connected, plumbing functional, drywall painted) rather than when the final punch list items are completed.
If a contractor, subcontractor, or supplier wants to file a lien against your Chestermere property, they must do so within 60 days of substantial completion. The lien must be filed at the Alberta Land Titles Office and registered against your property title. After filing, they have one year to either enforce the lien through court action or discharge it.
For your basement development specifically, make sure your contractor pulls all required permits through the City of Chestermere (403-207-7050). You'll need a building permit, electrical permit (issued by certified Safety Codes Officers employed by the City of Calgary), and plumbing permit if adding a bathroom. Each trade requires inspections at rough-in and final stages.
Protect yourself by verifying your contractor has WCB Alberta coverage, proper licensing, and liability insurance. Pay progress payments as work is completed and inspected, but always hold back that final 10% for the full 60-day period. Get lien waivers from major subcontractors and suppliers when making progress payments.
If you're facing a lien claim or dispute over your basement development, consult with a construction lawyer familiar with Alberta's PPCLA. Small claims disputes under $50,000 can be handled through the Alberta Court of Justice, while larger disputes go to the Court of King's Bench.
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