Is a Lien Invalid if it Names a Non-Contracting Party as the Lien Claimant? The Answer May Surprise You

It is well known that a lien claimant must strictly comply with the form prescribed by the Builders Lien Act, SBC 1997, c. 45 (the “Act”). BC Courts have previously found that deviations from the prescribed form of lien which affect the substance of the form will render a claim of lien invalid, whereas deviations which do not affect the substance of the form can be remedied.
Recently, in Klippenstein Development Corp. v Van Den Brink, 2023 BCSC 961, the Court dealt with the unusual circumstance in which the construction contract at issue did not name the lien claimant as a party to the contract.