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Builders' Lien Rights for Architects and Engineers: Real or Illusory?
In a recent decision of the B.C. Court of Appeal, the extent of lien rights given to architects and engineers under the Builders Lien Act (the “Act”) was considered. The Court held that despite the 1998 additions to the Act whereby architects and engineers were expressly identified as potential lien claimants under the Act, such lien rights are contingent upon the commencement of construction of an improvement and do not accrue for a project that does not materialize.