How long does an Alberta builders lien last?

In Alberta, a builders lien (now officially called a "construction lien" under the Prompt Payment and Construction Lien Act) is valid for 180 days from the date it was registered, after which it expires if no legal action has been taken to enforce it.

Here's how the timeline works in practice. Once a contractor, subcontractor, or supplier registers a lien against your property at the Alberta Land Titles Office, they have 180 days from the date of registration to commence a court action to enforce that lien. If they don't file with the court within that window, the lien lapses and is no longer enforceable. The lien doesn't disappear automatically from title — it needs to be formally discharged — but it loses its legal teeth after 180 days.

There's an important related deadline that comes before the lien is even registered. A lien must be registered within 45 days of the date of substantial completion of the contract, or within 45 days of the last date that work or materials were supplied, whichever is later. Miss that 45-day window and the right to register a lien is gone. This is why you'll sometimes see contractors move quickly to register a lien when a payment dispute arises — they're protecting their right before that deadline closes.

For Calgary homeowners, this has a very practical implication: you are legally required to hold back 10% of each progress payment for a minimum of 60 days after substantial completion of the project. This holdback is your protection — it ensures there's money available to satisfy any liens registered by subcontractors or suppliers your general contractor may not have paid. Releasing that holdback too early can leave you personally on the hook if a lien surfaces afterward.

If a lien has been registered against your property and you want it removed before the 180 days is up, you have a couple of options. You can pay the disputed amount into court to discharge the lien from title (the money sits in trust while the dispute resolves), or you can post a lien bond as security. Either approach clears your title so a sale or refinancing can proceed while the underlying dispute works its way through the Alberta Court of Justice (for amounts under $50,000) or the Court of King's Bench (for larger claims).

If you're dealing with an active lien situation — whether you're a homeowner with a lien on your property or a contractor considering registering one — this is the kind of situation where getting legal advice quickly is worth every dollar. Construction lien law has strict deadlines that, if missed, can't be recovered.

You can find vetted local contractors and tradespeople through the Calgary Construction Network directory to help avoid payment disputes in the first place — starting with a solid written contract goes a long way.