Forty-five days after your crew finished the framing on that Surrey project, you are staring at an unpaid invoice. The general contractor stopped returning your calls. You phoned the Land Title Office. The window to file a builder’s lien had closed. That call can feel final, but it isn’t.
Legalbird can help BC contractors, subcontractors, and suppliers involved in a payment dispute like this. If you’ve hit the wall with the 45-day deadline, a lien is only one option among several. You likely have other avenues for receiving payment.
What Is a Builder’s Lien and What Happens When You Miss the Deadline in BC?
A builder’s lien is a legal claim registered against a property’s title. It gives contractors, subcontractors, and suppliers a direct stake in it until they receive payment.
Missing the deadline by even a single day forfeits that right permanently. Your payment dispute does not end there, though. You still have legal grounds to pursue the money owed to you.
These remaining paths run through the courts instead of the Land Title Office. They include breach of contract, breach of statutory trust, and unjust enrichment. We look at each of these three remedies later in this article.
Why Can’t You File a Lien Claim After 45 Days in BC?
British Columbia law gives you exactly 45 days to file a claim of lien. Courts generally do not step in to extend that window. If a certificate of completion is issued, the clock stops 45 days after that date. If not, it stops 45 days after the head contract or the improvement itself is completed or abandoned.
The Land Title Office does not check these dates when you file. A court can still strike a lien filed even one day late once someone challenges the deadline.
How Can Construction Litigation Help You Recover Your Debt?
Once the lien right is gone, your case changes. It moves from a fast, secured remedy against the property to an ordinary lawsuit against the people who owe you money. This shift changes what you need to prove. It also changes how long you have to prove it. The strategy behind your claim, and the order you raise it in, now matters as much as the claim itself.
Can You Still Sue for Breach of Contract in BC?
Yes, you can sue the party you contracted with for the unpaid balance. Your lawsuit can include any damages resulting from the breach, such as additional costs incurred as a result of the delay.
A judgment in your favour allows you to pursue the debtor’s other assets, not just the project property. You may need extra steps to collect if they resist paying. In BC, you generally have two years from the date you discovered the unpaid debt to start this lawsuit.
What Is a Breach of Statutory Trust Claim?
Money that a contractor or subcontractor receives for a project is not simply theirs to spend however they like. BC law treats it as trust money. The contractor must hold it for those also engaged in the project and within the statutory payment chain, including qualifying subcontractors and suppliers.
If someone diverts, misuses, or drains that money, the unpaid parties can sue for breach of trust. In some cases, they can pursue the company’s directors personally.
Note that a trust claim does not run on the same clock as a breach of contract claim. It carries its own one-year deadline, generally measured from the project’s completion, abandonment, or termination of the head contract. Treating every missed-lien case as a simple two-year contract claim can cost you a stronger remedy if you wait too long to use it.
When Does Unjust Enrichment Apply?
Unjust enrichment can apply when someone benefits from your work or materials without a valid reason to keep that benefit. To succeed in a claim like this, you generally need to show three things:
- The other party gained something of value,
- You suffered a matching loss, and
- There is no legal reason for them to keep it.
This claim can reach an owner or upper-tier contractor who was never a party to your contract but still received the value of your work.
Talk to Legalbird About Your Payment Dispute
A missed lien deadline is a setback, not a dead end. Legalbird’s founder and partner, Kawal S. Atwal, comes from a family of litigators. The firm he’s built has been recognized as one of the Three Best Rated® civil litigation lawyers in Delta, BC, every year since 2023.
Our team can review what happened on your project. We can identify which remedies remain available, including your options in construction litigation. Let us help you build the strongest path possible to recovering what you’re owed. Start with a free consultation.
Frequently Asked Questions
Can Suppliers and Subcontractors Use These Remedies Too?
Yes. Breach of contract and breach of trust claims apply to anyone in the payment chain who supplied labour or materials and did not receive payment. These parties can pursue remedies against the party that owes them money.
Do I Need to Register a Judgment Against the Property?
Unlike a lien, a breach of contract judgment does not automatically attach to the property. You may need extra steps to collect, such as a writ of seizure or an examination of the debtor. This matters most if the debtor holds assets you do not yet know about. Check with your lawyer if you’re in doubt.
Can You Pursue More Than One Remedy at the Same Time?
Yes. Many BC construction lawsuits plead breach of contract, breach of trust, and unjust enrichment together in a single claim. The court decides which theory fits the facts, so you do not have to pick a single option before you file.
Should I Try to Negotiate Before Filing a Lawsuit?
Often, yes. A firm demand letter that lays out your claim and deadline can prompt payment without a lawsuit. Many contractors receive payment at this stage. It also creates a clear record if the dispute does end up in court.
Date Modified:
Reviewed By:
Kawal Atwal
Business Litigation Expertise You Can Trust
Kawal S. Atwal is a civil litigation lawyer in Surrey, Abbotsford, & Vancouver British Columbia with extensive experience in trial and appellate advocacy. He was called to the Bar of Punjab and Haryana in 2013 after completing his legal education in India and practiced for over 8 years before the Punjab and Haryana High Court and the Supreme Court of India. During that time, he drafted and argued hundreds of appellate matters across civil, criminal, constitutional, and family law, building a strong foundation in complex litigation and strategic legal analysis.
After relocating to Canada, Kawal completed his articles at a top-rated construction and civil litigation firm in Surrey and established a practice focused on appellate advocacy before the British Columbia Court of Appeal, as well as foreclosure, bankruptcy, construction, contract, and civil disputes. With early exposure to courtroom advocacy and a background rooted in a family of litigators, Kawal brings disciplined preparation, sharp legal reasoning, and practical litigation strategy to every matter. He also mentors law students and emerging lawyers, contributing to the development of effective courtroom advocacy in British Columbia.
