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    Are you facing challenges with builder’s liens in Calgary? Look no further than Shaun Flannigan, your dedicated legal advocate specializing in builder’s lien cases. With a proven track record of success and a deep understanding of construction law, Shaun Flannigan is here to protect your interests and navigate you through the complexities of builder’s lien disputes.

    A lien is a vital tool that many in the construction industry rely on to help them get paid. Yet not all entities involved in the construction process have a clear path to a lien without relying on the help of a business lawyer who has experience with these sorts of issues.

    Shaun Flannigan has been practising corporate and commercial law since 2007, and has scored many victories for our clients who might otherwise have gone unpaid such as this one for an engineer and architect after property owners failed to live up to their obligations. The line between work that can be subject to a lien and work that is not subject to a lien is not always clear, but Shaun Flannigan and Merchant Law look for every opportunity to help you turn this and other legal tools to your advantage when you need to protect your interests. 


    Why hire Shaun Flannigan – Merchant Law Calgary Builder’s Lien Lawyer

    Hiring Shaun Flannigan for your builder’s lien case in Calgary brings numerous advantages, making him a top choice for legal representation in construction law matters. Here are compelling reasons to consider Shaun Flannigan for your legal needs:

    Expertise in Builder’s Lien Cases:

    Shaun Flannigan specializes in builder’s lien cases, demonstrating a deep understanding of the intricacies of construction law. His focused expertise ensures that you have a seasoned professional by your side with a track record of success in handling similar cases.

    Shaun Flannigan brings extensive experience and expertise to the table when it comes to builder’s lien cases. As a seasoned Calgary lawyer, he has successfully represented numerous clients in the construction industry, resolving disputes efficiently and ensuring fair outcomes.


    Extensive Experience:

    With years of experience in the legal field, Shaun Flannigan has successfully represented numerous clients in builder’s lien disputes. His experience equips him to navigate the complexities of construction law and provide strategic solutions tailored to your specific situation.


    Proven Track Record:

    Shaun Flannigan’s track record of successful outcomes speaks volumes about his competence and effectiveness as a legal advocate. Clients can trust that he has a history of achieving favoUrable results in builder’s lien cases, providing confidence in his ability to handle your legal matter.


    Comprehensive Legal Services:

    Shaun Flannigan offers a wide range of legal services related to builder’s lien cases. Whether you are dealing with filing or defending against liens, negotiating settlements, or pursuing legal remedies, he provides comprehensive and personalized support to meet your specific needs.

    Our legal services cover a wide range of builder’s lien matters, including filing and defending against liens, negotiating settlements, and pursuing legal remedies. Shaun Flannigan is committed to providing comprehensive and personalized legal support tailored to your specific needs.


    Client-Centred Approach:

    Shaun Flannigan prioritizes client satisfaction and adopts a client-centered approach. He takes the time to understand your unique circumstances, concerns, and goals, ensuring that his legal strategies align with your objectives throughout the legal process.

    At the heart of Shaun Flannigan’s practice is a commitment to client satisfaction. He takes the time to understand your unique situation, offering personalized legal solutions that prioritize your goals and objectives.


    Strategic Guidance:

    When it comes to builder’s lien cases, having a lawyer who can provide strategic guidance is crucial. Shaun Flannigan excels in developing effective strategies that aim for timely resolution, cost-effectiveness, and the protection of your rights and interests.


    When facing builder’s lien issues, having a strategic and knowledgeable legal representative is crucial. Shaun Flannigan excels in providing strategic guidance, negotiating favourable settlements, and, when necessary, fiercely representing clients in court.


    Transparent Communication:

    Clear and transparent communication is a hallmark of Shaun Flannigan’s practice. Clients can expect regular updates, open communication channels, and responsiveness to inquiries. This ensures that you are well-informed at every stage of your legal proceedings.

    Clear and transparent communication between lawyer and client is. Shaun Flannigan ensures that you are kept informed at every stage of the process, providing regular updates and answering any questions you may have.


    Efficient and Timely Resolution:

    Recognizing the importance of timely resolution in legal matters, Shaun Flannigan strives to resolve builder’s lien cases efficiently. This approach minimizes delays, saves time, and allows clients to move forward with their construction projects with minimal disruption.

    Shaun Flannigan understands the importance of timely resolution in builder’s lien cases. His efficient and effective approach aims to resolve disputes promptly, saving you time and minimizing the impact on your construction projects.


    Local Expertise in Calgary:

    As a Calgary-based lawyer, Shaun Flannigan possesses a keen understanding of the local legal landscape, regulations, and industry dynamics. This local expertise can be a significant advantage when navigating the specifics of builder’s lien cases in the Calgary context.


    Dedication to Client Success:

    Shaun Flannigan is dedicated to the success of his clients. His commitment to achieving favourable outcomes, combined with a proactive and determined approach, makes him a reliable advocate for those facing builder’s lien challenges in Calgary.

    In conclusion, Shaun Flannigan’s specialization, experience, proven track record, client-centred approach, and strategic guidance make him a standout choice for individuals and businesses dealing with builder’s lien cases in Calgary. When you hire Shaun Flannigan, you are securing the services of a dedicated and skilled legal professional committed to protecting your interests and achieving the best possible resolution for your case.


    When it comes to builder’s lien cases in Calgary, Shaun Flannigan stands out as a reliable and experienced legal advocate. Don’t let builder’s lien disputes hinder your construction projects—trust Shaun Flannigan to navigate the legal complexities and secure favourable outcomes for you. Contact us today for a consultation and take the first step towards resolving your builder’s lien issues with confidence.


    Procedure for builder’s lien cases to be tried in Alberta

    In Alberta, the process for builder’s lien cases involves several steps. It’s important to note that the following overview provides a general guideline, and specific details may vary based on the circumstances of each case. Legal advice from a qualified professional, such as Shaun Flannigan, is recommended for accurate and personalized guidance. Here is a general outline of the procedure for builder’s lien cases in Alberta:


    Notice of Lien:

    The process typically begins when a party files a Notice of Lien with the Alberta Land Titles Office within 45 days of the last day the claimant supplied labour or materials to the project. This notice informs all parties involved, including property owners, contractors, and subcontractors, that a lien has been placed on the property.


    Commencement of Action:

    If the parties involved are unable to resolve the dispute after the Notice of Lien is filed, the claimant may commence a legal action by filing a Statement of Claim in the Court of Queen’s Bench. This initiates the court proceedings and formally brings the matter before the court.


    Service of Documents:

    The Statement of Claim and other relevant documents must be served on all parties involved in the dispute. This includes the property owner, general contractor, subcontractors, and any other relevant parties. Proper service is crucial to ensure that all parties are aware of the legal proceedings.


    Defence and Counterclaim:

    The defendant (usually the property owner or other parties disputing the lien) has a specified period to file a Statement of Defence, outlining their response to the allegations. They may also file a Counterclaim if they have a basis for seeking compensation or other relief against the claimant.


    Discovery Process:

    Both parties engage in the discovery process, where they exchange relevant documents and information related to the case. This process helps each party understand the other’s evidence and build their legal arguments.


    Mediation and Alternative Dispute Resolution (ADR):

    Before the matter proceeds to trial, the court may encourage or mandate mediation or other forms of alternative dispute resolution to facilitate a resolution between the parties without the need for a full trial.



    If the dispute remains unresolved, the matter will proceed to trial. During the trial, both parties present their evidence, call witnesses, and make legal arguments. The court will then make a decision based on the merits of the case.


    Enforcement of Judgment:

    If the court issues a judgment in favour of the claimant, the next step involves the enforcement of the judgment. This may include obtaining a court order to sell the property or other assets to satisfy the debt.

    It’s important for all parties involved in a builder’s lien case in Alberta to seek legal advice and representation to navigate the legal process effectively. Legal professionals, such as Shaun Flannigan, can provide guidance tailored to the specific circumstances of each case.


    How long does an Alberta builder’s lien action take to conclude?


    The duration of an Alberta builder’s lien action can vary significantly based on various factors, including the complexity of the case, the cooperation of the parties involved, court scheduling, and the presence of any disputes that may arise during the legal process. It’s important to note that legal proceedings can sometimes be unpredictable, and specific timelines may vary from case to case. However, a general overview of the timeline for a builder’s lien action in Alberta might look like this:

    Notice of Lien (Day 1):

    The process typically begins with the filing of a Notice of Lien within 45 days of the last day the claimant supplied laboUr or materials to the project.

    Commencement of Action (Varies):

    The claimant may commence a legal action by filing a Statement of Claim in the Court of Queen’s Bench. The time to complete this step can vary based on the claimant’s decision to proceed and the complexity of preparing the legal documents.

    Service of Documents (Varies):

    After filing the Statement of Claim, the documents must be served on all relevant parties. The time to complete this step depends on factors such as the location of the parties and the efficiency of the service process.

    Defence and Counterclaim (30 days to several months):

    The defendant typically has a specified period (30 days) to file a Statement of Defence. The timeline can be extended based on negotiations, court orders, or other factors. Counterclaims may also be filed during this period.

    Discovery Process (Several months):

    Both parties engage in the discovery process, exchanging relevant documents and information. This phase can take several months, depending on the volume of information and the complexity of the case.

    Mediation and ADR (Varies):

    Before trial, the court may encourage or mandate mediation or alternative dispute resolution (ADR). The time to reach a resolution through these methods can vary, and some cases may proceed directly to trial if mediation is unsuccessful.

    Trial (Several months to over a year):

    If the dispute remains unresolved, the matter will proceed to trial. The duration of a trial can vary significantly, ranging from several days to weeks, depending on the complexity of the case and court scheduling.

    Judgment and Enforcement (Varies):

    After the trial, the court will issue a judgment. The time to receive a judgment and proceed with enforcement can vary based on the court’s workload and the specific circumstances of the case.

    Given these considerations, it is challenging to provide a precise timeline for the conclusion of an Alberta builder’s lien action. Parties involved should be prepared for a process that may take several months to over a year, depending on the specific details and developments in their case. Seeking legal advice from professionals like Shaun Flannigan can help navigate the process efficiently and minimize delays where possible.


    Shaun’s Proven Track Record of Success. A Case Study: 

    J.K. Engineering LTD. v. Red Quest Developments Ltd.

    In 2017, Shaun helped J.K. Engineering secure a builders’ lien on an RV Park development. Red Quest Developments, the property owner, alleged the work provided by J.K. Engineering could not be subject to a builder’s lien, and applied to have said lien removed from its certificate of title.

    Shaun successfully resisted the landowner’s application before a Master in Chambers. 

    The circumstances of this case were somewhat unique. Construction work had begun before all necessary regulatory approvals were obtained. The work done by J.K. Engineering in the 45-day lien period related to regulatory approvals.

    The issue before the Court was whether the work related to obtaining approvals was sufficiently related to the process of construction to allow J.K. Engineering to register a lien. In order to obtain a valid builder’s lien under the Alberta Builders Lien Act the work must be related to the process of construction.

    In many cases, work that is done by architects or engineers for the purposes of obtaining approval will be deemed insufficiently related to the process of construction and will be unable to support a lien.

    Mr. Flannigan was able to argue that, under the unique circumstances of this project, the work related to obtaining regulatory approval was directly related to the construction work which was well under way. Red Quest’s application to remove the lien was dismissed.

    The landowners appealed to the Court of Queen’s Bench and lost the appeal. They filed a further appeal with the Alberta Court of Appeal which in reasons reported at 2019 ABCA 263 concluded the Courts below did not err and concluding the landowner had not demonstrated that the lien was invalid. The issue was then closed and J.K. Engineering kept its lien, protecting its ability to receive payment for the work they’d already put into the project. 

    Do you have protection if your construction and development partnerships fall apart? 

    While not all work done by architects and engineers on a construction project can be protected by builders’ liens, we can still work with your firm to provide advice and representation on any disputes that may arise from any construction process. 

    If you don’t yet have a business lawyer who is experienced in the specific legal issues with construction helping you protect your interest on your projects, reach out to Shaun today. He can be reached by phone at (403) 225-7777 or via email at

    Please note: The information provided on this website is Not Legal Advice. The information may or may not be accurate. The information is for discussion purposes only. Reliance upon any information provided would not be grounds to advance a claim against Merchant Law for providing any advice. In order to get a formal legal opinion upon which you may rely about any specific fact scenario, you would have to first retain the services of a lawyer and request a formal legal opinion.