How to File a Construction Lien in Alberta: A Contractor's Guide (2026)
In the Alberta construction industry, not getting paid for your hard work is a serious issue. Fortunately, the Prompt Payment and Construction Lien Act protects contractors and subcontractors. If you are owed money, filing a lien is the most powerful tool to secure your payment.
1. What is a Construction Lien?
A lien is a legal claim registered against a property title. It prevents the owner from selling or refinancing the property until you are paid. In Alberta, this process is essential for anyone from independent painters to large framing crews.
2. The 45-Day Deadline (Critical)
Timing is everything in Alberta law. You must register your lien at the Land Titles Office within 45 days of the date the work was completed or the materials were last supplied.
3. Steps to Register a Lien in Alberta
- Prepare the Statement of Lien: Include the legal description of the land, the amount owed, and the name of the owner.
- Register at Land Titles: You can do this through a registry agent or a specialized legal service in Calgary or Edmonton.
- Notice to Owner: Once registered, you must notify the owner and any prime contractor involved.
4. The 10% Holdback Rule
In Alberta, owners are required by law to hold back 10% of the contract price for 45 days after completion. This "Holdback" fund is specifically there to pay subcontractors who might file a lien.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. For specific cases, consult a lawyer specializing in the Alberta Prompt Payment and Construction Lien Act.