Publication, Staff | |

Holdback Liens Against Holdbacks Up The Construction Chain – Hi-Tide Shoring & Foundations (2012) Ltd. v Chandos Construction Ltd.

In the recent case of Hi-Tide Shoring & Foundation (2012) Ltd. v Chandos Construction Ltd., the British Columbia Supreme Court considered whether a sub-subcontractor on a construction project may claim a holdback lien against the holdbacks held up the construction chain or was limited to claiming against the holdback that relates to the sub-subcontractor’s own contract. The Court said that subcontractors may claim against holdbacks retained at each level of the construction chain up to the holdback retained by the owner. However, when it comes time to determine how much the subcontractor is paid for that claim of lien, section 34 of the Builders Lien Act may limit the amount the lien claimants may recover through such claims.

As published in the NRCA’s Northern Construction Connection June 2024 Newsletter, and VICA’s e-New.

Read Full Article

Up Next:

See all articles & Publications