I wasn't paid for subcontractor work, so I filed a builder's lien. The owner says I should chase the builder, not them. What are my options?

The short version: Your builder’s lien didn't disappear just because the owner paid the builder. But the owner is partly right — the full debt is owed by the builder, not the homeowner. Here's how the two pieces fit together.

Your contract was with the builder

The builder is the one who owes you the full unpaid amount, because that's who you made the deal with. Chasing them for the unpaid bill is a separate claim from your lien.

Your lien reaches the "holdback"

Under this section of the Builders Lien Act, an owner has to hold back 10% of each payment to the contractor — this is called the holdback. It's a pool of money set aside in case someone further down the chain, like you, doesn't get paid. 

That holdback is what your lien can reach. Even where the owner has paid the general contractor in full, the owner's responsibility to lien claimants is generally capped at the greater of the amount still owing to the contractor, or the required holdback. So: 

• If the owner kept the 10% back the way they're supposed to, that money is available to help pay your claim.

• If the owner already paid out everything — including the holdback — before the deadlines were up, they may have done so at their own risk and could still owe up to the holdback amount.

The catch is that the holdback may be smaller than your full bill, so the lien might not cover everything you're owed. That's why people often pursue both — the builder for the full debt, and the lien for the holdback. Just keep in mind that enforcing the lien is the more involved and costly route, so it's worth weighing what's left in the holdback against what it takes to claim it.

Watch your deadlines — this is urgent

Filing the lien was only step one. To keep it alive, you must start a lawsuit in the BC Supreme Court and register a certificate of pending litigation (CPL) against the property, within one year of filing the lien. Miss that and you lose the lien.

There's also a trap: the owner can shorten your clock. If they serve you a notice to commence an action, you have only 21 days to start your lawsuit and register the CPL. So open your mail and don't sit on this.

One thing the owner might do

The owner can apply to court to clear the lien off their title by paying the holdback amount into court. If that happens, the lien comes off the property, but the money stays as security — you can still claim it if you prove your case.  

Is it worth it?

Before you spend money chasing this, it's worth weighing the cost against what you might actually get back. Enforcing the lien itself has to happen in BC Supreme Court — the most formal and expensive route. So if the holdback is small, legal costs could eat into your recovery.

The debt the builder owes you is a separate matter, and you can pursue it in a simpler, cheaper forum depending on the amount. Claims up to $5,000 go to the Civil Resolution Tribunal, and claims from $5,000 to $35,000 go to small claims court, part of the Provincial Court. With $10,000 owing, your claim against the builder would fit in small claims court, where you can represent yourself.

The good news: many of these disputes settle once a lien is on title or a firm demand letter arrives, without going to court at all. A short talk with a lawyer can help you decide which path is worth it for the amount you're owed.

Some next steps to consider

Mark your calendar. Note the exact date you filed the lien and mark your one-year deadline now.

Put your demand to the builder in writing. Ask Beagle+ for help preparing a draft.

Talk to a lawyer soon. Enforcing a lien is a technical Supreme Court process with strict deadlines, and a lawyer can also look at a separate breach of contract claim against the builder. Two good starting points are the BC Legal Referral Service, which connects you with a lawyer for a free consult so you can decide whether to hire them, and the BC Legal Directory, where you can search for a lawyer by area of law and community.