b'LEGAL COLUMN LIENS AND REMOTE PROJECTS BY NATHAN MACDERMOTTe live in a country with vastinvolved in the project, and as the projectThis case is a prime example of the W amounts of open space, whichneared completion the developer failed tocomplexities of the Act. It shows that in turn leaves large tracts ofmake payment to the general contractor,although projects on unregistered lands unregistered lands. Large projects such aswhich resulted in at least a number of itsare generally not lienable, there can hydroelectric dams and sub-stations aresubcontractors, including JVD Installationsbe ways in which to file a valid lien. often situated on these lands, obtainingInc. (JVD), remaining unpaid. WhenThe Skookum case also demonstrates rights to use the land short of ownership.the subcontractors went unpaid, claimsthe need for parties on both sides of a Under the provisions of the Builders Lienof builders lien were registered on theproject to conduct their due diligence at Act, SBC 1997, c. 45 (the Act), partiesrelatively tiny amount of Black Mountthe outset. If a project is truly on lands cannot register liens on unregisteredlands for the full amount owing.that cannot be liened, material suppliers, lands, which can create challenges whencontractors and subcontractors may parties remain unpaid. A recent decisionThe defendants in the Skookum caseneed to look for other forms of security of the British Columbia Supreme Courtargued that the liens were invalid forto protect themselves in the event in JVD Installations Inc. v. Skookumseveral reasons, including the fact thatof non-payment. Landowners and Creek Power Partnership, 2020 BCSCthe lien claimants did not do any workdevelopers should also be cognizant of 374 (Skookum), not only shows theon the Black Mount lands. The courtthe nature of larger projects to avoid challenges related to unregistered lands,determined that this was not a validhaving liens filed on lands under similar but also provides an interesting analysis inargument in these circumstances, as thecircumstances. Although parties cannot relation to lien rights over lands associatedAct does not require that a lien claimantnecessarily control whether another with these types of larger projects. perform work on the lands described inparty is able to make payments on a the lien. The Act simply requires that theproject, they can take steps prior to the In Skookum, a large hydroelectric projectlien claimant performs or provides workcommencement of the project to make was being constructed on unregisteredin relation to an improvement that istheir lives easier in the event payments lands owned by the province. Althoughlocated on lienable lands. If this is proven,are not made. To better understand the dam project was constructed onthe claimant is entitled to lien any landsthe complexities of the Act, it may unregistered lands, there was also a lengthythe improvement touches, even if most ofbe necessary to seek the advice of a transmission line that carried the powerthe improvement is constructed on landsprofessional with experience in this area generated to the grid. A small portionother than the liened lands. The court alsoof the law. of the transmission line ran over landsdetermined that the project was a single owned by an entity unrelated to theimprovement consisting of the dam, project, Black Mount Logging Inc. (Blackthe powerhouse, the sub-station and theDisclaimer: The information provided in this Mount). Black Mount had granted atransmission lines, as all the componentsarticle is merely for informational purposes right of way over its lands in favour ofwere required for it to function. As aand is not legal advice. Prior to entering the project owner, which was registeredresult, the liens were deemed valid chargesinto any contract, parties should seek on the lands. Numerous entities wereon the Black Mount lands. independent legal advice. 26 SOUTHERN INTERIOR CONSTRUCTION ASSOCIATION'