Tuesday, 18 July 2017

Are Engineering Services Lienable?

Author: Corbin Devlin

Not every person who performs a service in relation to a construction project is entitled to a builders’ lien. Architecture and engineering services frequently give rise to questions about lien rights and holdback requirements. 

It Depends…
Architecture and engineering services give rise to a lien under the Alberta Builders’ Lien Act if those services relate to an “improvement” to land. So, a professional firm is entitled to register a lien for preparing construction drawings. But an architect or engineer providing services with respect to rezoning, subdivision and other development issues does not have lien rights; such services are considered to be not sufficiently connected to the process of construction. Several cases indicate that conceptual or schematic design work is also considered too far removed from the construction process to support a lien.

Some of the reported cases on this issue appear inconsistent, because the nature of engineering services varies project-to-project, and there is frequently some blending of services relating to development and services relating to construction.  The courts struggle sometimes to determine where to draw the line.

If a professional firm is entitled to a builders’ lien, the owner has a corresponding obligation to retain the statutory holdback in relation to the lienable scope of work.

Building Permits and Environmental Approvals
Master Robertson, Q.C. provides an excellent summary of the case law on this issue in J.K. Engineering Ltd v Red Quest Developments Ltd.

In that case, the landowner applied to court to strike out a lien registered by an engineering firm. In particular, the court considered work performed by J.K. Engineering to assist the landowner with obtaining approval of the storm drainage system from Alberta Environment. The necessary approval was not granted by Alberta Environment, giving rise to the payment dispute between the engineering firm and the landowner. The landowner argued that the lien was invalid because this environmental approval work was not directly related to the construction work. The Master compared this work with the work typically required for a builder to obtain a building permit, and concluded that the nature of such work is sufficiently connected to the process of construction to support a builders’ lien. The lien was valid. (However, it is important to note that construction of the development was well underway when J.K. Engineering’s approvals-related work was done. Also, J.K. Engineering was concurrently providing other design and construction services. It seems entirely possible the court would have come to a different conclusion if the environmental approval work stood alone.) This case illustrates the fine line that exists between a valid lien and an invalid lien.

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    i contacted him to know how he can help me and he told me never to worry that he will heal me with the natural herbs from God!
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  27. Are you in bad need of love spell to bring back your ex lover or reunite your marriage? contact Dr uneme for fast 48 hours solution. I had a problem with my husband a year and six months ago, which lead us apart. When he broke up with me, I was confuse and did not know what to do to get him back, I felt so empty inside. Until i came across Dr uneme on the internet on how He has helped so many people solve there various problem. I emailed Him and I told Him my problem and i did what he asked me to do for him to help me, to briefly make the long story short, Before I knew it, in less than 48 HOURS, my Husband gave me a call and he came back to me and told me he was sorry about what was going on between the both of us. Finally I am writing this testimony to offer my thanks and deep gratitude to you Dr uneme for keeping to your words and your promises in bringing him back to me in just 48 hours of your powerful spell casting, and for using your gifted and great powers to bring him back. If you need his help, you can email him at ( unemespellben@gmail.com ) or add Dr uneme on WhatsApp ( +2348143813120 ) or call him get all your problems solve No problem is too big for him to solve..Contact him now Linda from united state THANKS TO Dr uneme

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  28. Are you in bad need of love spell to bring back your ex lover or reunite your marriage? contact Dr uneme for fast 48 hours solution. I had a problem with my husband a year and six months ago, which lead us apart. When he broke up with me, I was confuse and did not know what to do to get him back, I felt so empty inside. Until i came across Dr uneme on the internet on how He has helped so many people solve there various problem. I emailed Him and I told Him my problem and i did what he asked me to do for him to help me, to briefly make the long story short, Before I knew it, in less than 48 HOURS, my Husband gave me a call and he came back to me and told me he was sorry about what was going on between the both of us. Finally I am writing this testimony to offer my thanks and deep gratitude to you Dr uneme for keeping to your words and your promises in bringing him back to me in just 48 hours of your powerful spell casting, and for using your gifted and great powers to bring him back. If you need his help, you can email him at ( unemespellben@gmail.com ) or add Dr uneme on WhatsApp ( +2348143813120 ) or call him get all your problems solve No problem is too big for him to solve..Contact him now Linda from united state THANKS TO Dr uneme

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  29. Hello everyone . After being in a relationship with Anderson for years, broke up with me, I did everything possible to bring him back but all was in vain, wanted him back because of the love I have for him, I begged everything, I made promises but he refused. I explained my problem to my friend and she suggested that I should contact a caster of spells that could help me cast a spell to bring him back, but I am the type that never believed in spell, I had no choice but to try, I contacted, the caster of spells, and he told me that there was no problem that everything will be okay before three days, that my ex will return to me before three days, he released the love spell and surprisingly in the second day, it was about 4 p. m. My ex called me, I was so surprised, and answered the call and all he said was that he was sorry for everything that happened that he wanted to return to me, that he loves me so much. I was so happy and went to him that was how we started living together happily again. Since then I have made promise that anybody I know that have a relationship problem it would be helpful to that person if i recommend him, as the only sorcerer, real and powerful that helped me with my own problem. His email: unemespellben@gmail.com you can send an e-mail or whatsapp +2348143813120 if you need his assistance in your relationship or in any other cases like.

    1) love Spell
    2) Spell lost love
    3) Spells divorce
    4) Spells of marriage
    5) Spell binding
    6) Spells of break
    7) Banish a lover past.
    8.) You want to be promoted in your office
    9) you want to satisfy your lover
    contact this great man if you have a problem for a lasting solution Through Email: {unemespellben@gmail.com} or whatsapp +2348143813120
    blog: https://unemespellben.blogspot.com




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  30. Hello everyone out there, I'm here to give my testimony about a herbalist doctor who helped me. I was infected with HERPES SIMPLEX VIRUS in 2011, I went to many hospitals to heal myself but there was no solution, so I was thinking how I can get a solution so that my body can be well. One day I was in the river thinking about where I can go to get a solution. so a lady walked towards me telling me why I'm so sad and I open everything by telling her my problem, she told me she could help me, she introduced me to a doctor who uses herbal medicines to cure the SIMPLEX HERPES VIRUS and gave me your email, so I sent you an email. He told me everything I had to do and also gave me instructions to take, which I followed correctly. Before I knew what was happening after two weeks, the SIMPLEX HERPES VIRUS that was in my body disappeared. therefore, if you also have a broken heart and need help, you can also send an email to {oliha.miraclemedicine@gmail.com}or whatsapp him number: +2349038382931 or Facebook page https://www.facebook.com/drolihamiraclemedicine/Contact him today and he will have a testimony ... Good luck!
    Dr. OLIHA also cures:1. HIV / AIDS2. HERPES 1/23. CANCER4. ALS (Lou Gehrig's disease)5. Hepatitis B6. chronic pancreatic7. emphysema8. COPD (chronic obstructive pulmonary disease)

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  31. My Ex-boyfriend left me 7 weeks ago after, I tried ALMOST EVERYTHING to restore my relationship and I was disappointed. None was working out, A week later I saw Dr. Ilekhohjies website and after I contact Dr. Ilelhojie for help, everything automatically change, my sadness became joy, smile was all over my face, everything happened very FAST and the result was effective. Dr Ilekhojie is the ONLY spell caster who i had success with, my boyfriend called me and said he wanted us to come back and also want to marry me. he came back to me begging me to accept him back and this happened Due to the help of Dr. Unity. I Am so happy that I have my boyfriend back. Contact Dr. Unity now for an urgent and fast love spell to win your relationship back..
    Here’s his contact
    Call/WhatsApp: +2348147400259
    Email: gethelp05@gmail.com

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  32. IF YOU NEED A LOVE SPELL THAT WORK URGENTLY  EMAIL DR SUNNY ON {SOLUTIONCENTRE911@.GMAIL.COM}  OR {SOLUTIONCENTRE911@GMAIL.COM} HE HELP ME TO GET MY HUSBAND BACK,

    My Husband left me and my kids, i was passing though pains, sorrow, heart broke, going crazy but god use Dr Sunny to restored happiness back in my life by getting my husband back. today with great joy and happiness. I came across a website that suggested that Dr Sunny can help solve marital problems, restore broken relationships and so on, I felt I should give him a try. I contacted him and he did a love spell for me. Two days later, my husband came to me and apologized for the wrongs he did and promise never to do it again. Ever since then, everything has returned back to normal. In my heart i want to appreciate Dr Sunny for bringing back my lost husband within 48hours after the spell was cast by him. My husband is back to us. Once again thank you Dr.Sunny, You are truly a great man, I and my family are living together happily again.. He is true a man of  his word and he is here to help mankind.  You can reach him on his email address for any help you may need via ( solutioncentre911@gmail.com )  (solutioncentre911@yahoo.com) 0r whats app +2349056393169
    He also involved in the following spell work bellow worldwide. 
    (1) Love Spells
    (2) Death Spells
    (3) Divorce Spells
    (4) Marriage Spells
    (5) Binding/reunite Spell.
    (6) Win court case Spells
    (7) Healing spell
    (8) Lottery spell/advice.

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