Background Facts:
The dispute arose from a liquefied natural gas (LNG) facility and export terminal project in Kitimat, British Columbia. Clough Pacific Joint Venture (CP) was a subcontractor hired by JGC Fluor BC LNG Joint Venture (the head contractor), and CP further subcontracted AECOM Canada Limited for geotechnical analysis, engineering, and design work. AECOM claimed it was owed $1,123,014.13 and filed a lien on July 7, 2023. The petitioners obtained a court order to cancel that lien by depositing the claimed amount as security.

On August 2, 2024, AECOM filed three new liens totaling the same amount against multiple properties, arguing that the original lien may have been placed on the wrong land. The petitioners sought to have these liens extinguished, arguing they were filed too late under the Builders Lien Act (BLA).

Key Issues:
The main issue was whether a certificate of completion issued on July 26, 2023, complied with Section 7 of the BLA, thereby triggering the 45-day deadline for filing liens. The petitioners argued AECOM’s liens were out of time, while AECOM countered that the certificate and notice were invalid.

Court’s Findings:
The court ruled that the certificate and notice failed to meet statutory requirements due to untimely issuance and lack of sufficient evidence. As a result, the 45-day deadline was not triggered, and AECOM’s liens remained valid.