"David walked me through all potential scenarios, put down my builders lien in a timely fashion, and within two weeks I was paid in full. Best decision ever."
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Builders Lien Holdback Dispute Lawyers in British Columbia
Engineered to Win.
ATAC LAW's construction holdback specialists represent contractors, subcontractors, and owners in holdback release disputes, deficiency holdback claims, and builders lien enforcement across British Columbia.
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Confidential. A lawyer will review your case within 1 business day.
Top RatedConstruction Law Firm in British Columbia
0Construction Clients who trust ATAC LAW
0Construction Lawyers and Professional Engineers
0Years of Combined Construction Law Experience
A misunderstanding of the Builders Lien holdback could cost you more than money, it could jeopardize your entire project, and result in years of litigation.
How well do you know your holdback obligations? Are you required to hold funds back from the consultants? If you don't know, you're in a risky position. If you're a contractor, do you know if the GC or the owner can keep your holdback for deficiencies? The answer might surprise you.
The Builders Lien Act is nuanced. The holdback regime is complicated and results in litigation. CCDC contracts have very specific rules. One wrong move and you lose leverage you can't get back. Those who master these nuances have the advantage in building projects.
When the stakes are high, or the issues are technical, you don't need a generalist who will figure it out as they go. You need an expert in construction law who knows how the holdback works.
Take control of your project. Speak to a construction lawyer at ATAC LAW.
Speak With a Holdback Dispute Lawyer →
Our Expertise
When the 55-day holdback period expires and no liens are filed, the law requires release. ATAC LAW sends formal demands, files court applications, and recovers withheld holdbacks, typically within 30 to 60 days of instruction. For Owners, ATAC LAW ensures that all lien claims are vacated before the holdback is released.
Owners and general contractors sometimes withhold funds beyond the statutory holdback by claiming deficient work. ATAC LAW evaluates deficiency claims against actual contract specifications, engages expert engineers when needed, and either recovers the holdback or negotiates a fair resolution based on documented deficiencies.
General contractors and owners sometimes offset disputed amounts against the holdback without legal basis. ATAC LAW challenges improper set-offs and enforces the statutory separation between holdback obligations and contract disputes.
Under upcoming amendments to the Builders Lien Act, partial holdback release will become available before full project completion. ATAC LAW advises owners and contractors on how to structure partial releases to protect lien rights while freeing up cash flow.
ATAC LAW reviews payment certificates, progress draws, and holdback ledgers to confirm that the correct 10% was retained at each payment stage. Calculation errors are common on multi-phase projects and can expose owners to lien liability even after holdback release.
ATAC LAW files builders liens within the 45-day statutory window to secure payment rights against the project land. A properly filed lien creates immediate leverage because it clouds title and blocks property transactions until resolved.
A filed lien must be enforced within one year or it expires. ATAC LAW commences lien enforcement actions in BC Supreme Court, pursuing payment through forced sale of the liened property if necessary, or aggressively defending against lien actions and holdback claims.
ATAC LAW represents owners and general contractors who face invalid or expired liens. We apply to court to discharge liens filed outside the statutory window, liens with technical defects, or liens filed for amounts that are clearly inflated.
When multiple liens are filed against one property, the distribution of holdback funds follows specific priority rules. ATAC LAW protects clients' lien priority positions and minimizes the risk of incorrect holdback distributions.
ATAC LAW litigates CCDC contract breaches, including disputes over scope, change orders, and payment terms. Engineer-lawyers on staff read technical specifications the way they were meant to be read.
When completed work does not meet contract specifications or building code requirements, ATAC LAW quantifies deficiency costs with independent expert reports and pursues or defends claims through negotiation, mediation, or BC Supreme Court litigation.
Delay claims require proof of causation, notice compliance, and quantum. ATAC LAW evaluates delay claim merit by reviewing project schedules, CCDC notice provisions, and concurrent delay issues.
ATAC LAW reviews and negotiates CCDC 2 (Stipulated Price), CCDC 3 (Cost Plus), CCDC 5B (Construction Management), and supplementary conditions. We identify holdback, payment, and termination clauses that create downstream risk, and draft custom holdback clauses.
Subcontract holdback provisions often differ from the prime contract. ATAC LAW aligns subcontract payment terms with statutory holdback requirements to prevent disputes before they start. Our lawyers are experts in drafting and dealing with progressive holdback release clauses.
Indemnity, limitation of liability, and insurance provisions determine who bears holdback-related risk. ATAC LAW drafts and negotiates these clauses to protect clients from exposure that extends beyond the statutory holdback.
Meet the Lawyers
Mike C. Stewart
MASc, JD, Q.Arb, Q.Med
Construction lawyer with engineering experience in disputes, builders' liens, contract administration, arbitration, mediation, and litigation.
Roy Donghee Kim
JD, P.Eng., Barrister & Solicitor
Roy combines legal advocacy with hands-on engineering experience in complex technical disputes, civil litigation, and criminal defence.
Dan H. Griffith
Construction Lawyer, Partner, Q.Arb
Dan specialises in CCDC contract enforcement, delay claims, and construction deficiency disputes at the BC Supreme Court level.
Gurpal Sandhu
Associate Lawyer
Gurpal specialises in commercial and construction litigation, representing clients from individuals to multinational corporations across BC and Ontario courts.
David Milojkovic
Associate Lawyer
David is known for securing rapid payment for subcontractors through builders lien filings and effective negotiation with general contractors.
James Cain
Associate Lawyer
James has built a reputation for delivering clear, strategic advice and exceptional results in construction and strata contract disputes.
Case Studies / Client Victories
Why Choose ATAC LAW
01
Construction Holdback Experience
ATAC LAW regularly advises on builders lien holdbacks, payment disputes, lien claims, and construction trust issues. We help owners, contractors, and subcontractors understand when holdbacks must be retained, released, or disputed.
02
We Act for Every Side of the Payment Chain
We represent owners, general contractors, subcontractors, consultants, and construction managers. That perspective helps us understand how holdback disputes develop and where leverage may exist.
03
Fast Action Before Rights Are Lost
Holdback and lien disputes are deadline-sensitive. ATAC LAW helps clients assess the contract, project timeline, lien period, and payment obligations before a missed step creates unnecessary risk.
04
Contracts, Holdbacks, and Payment Terms
We review CCDC contracts, subcontract agreements, residential construction contracts, and payment clauses to identify holdback obligations, lien risks, notice requirements, and terms that may affect when money can be released.
05
Court and Arbitration Experience
ATAC LAW has represented clients in BC Supreme Court and private arbitration proceedings involving construction payment disputes, lien extinguishments, deficiencies, and recovery claims ranging from $50,000 to more than $1,000,000.
06
Legal and Technical Construction Knowledge
With professional engineer-lawyers and team members with technical construction backgrounds, ATAC LAW brings both legal and practical construction knowledge to holdback disputes.
Reviews
4.7
176 Google reviews
"Mr. Kim helped me with my construction dispute. Very happy with the resolution and the price. Very professional and quick to respond. I've already recommended ATAC Law to friends and clients."
Zanyar The RealtorGoogle Review
"Excellent knowledge of construction and Strata law. Partners educated in Engineering and Law, a perfect match for construction litigation. Would highly recommend."
Trevor SmithGoogle Review
"Over the course of a year, James Cain provided clear guidance, accurate advice, and a steady, reassuring presence. His professionalism and commitment went far above and beyond what one would normally expect."
Shannon McGeehanGoogle Review
"For businesses in construction and engineering, ATAC LAW is an asset. Responsive, straight to the heart of the matter, and they never sugar-coat costs. Everyone I've referred has come back thanking me."
Chad GiffenGoogle Review
"James Un handled my pre-sale contract dispute professionally and kept me informed throughout. The case settled smoothly. Quick, concise responses with genuine expertise."
Tru NguyenGoogle Review
Our Locations
Vancouver Office
Vancouver
375 Water St #650
Vancouver, BC V6B 5C6
Vancouver, BC V6B 5C6
Monday – Friday 9:00 AM – 5:00 PM
Burnaby Office
Burnaby
8988 Fraserton Ct #308
Burnaby, BC V5J 5H8
Burnaby, BC V5J 5H8
Monday – Friday 9:00 AM – 5:00 PM
Surrey Office
Surrey
15299 68 Ave #207
Surrey, BC V3S 3L5
Surrey, BC V3S 3L5
Monday – Friday 9:00 AM – 5:00 PM
Richmond Office
Richmond
#1020-6388 No.3 Rd
Richmond, BC V6Y 0A2
Richmond, BC V6Y 0A2
Monday to Friday9:00 AM – 5:00 PM
Industry Insights
Frequently Asked Questions
Have another question? Our construction holdback team is here to help.
Speak With a Holdback Dispute Lawyer →What is a construction holdback in BC?
Under BC's Builders Lien Act, every person who pays for construction work must retain 10% of each payment as a "holdback." This holdback acts as a trust fund that protects subcontractors and material suppliers who may not have a direct contract with the property owner. The holdback must be retained for 55 days after project completion (being shortened to 46 days under upcoming amendments). Releasing the holdback early, or failing to retain it at all, can expose owners to personal liability for lien claims. If you are unsure whether your holdback obligations are correctly structured, speak with ATAC LAW before a dispute arises.
When can a construction holdback be released in BC?
The holdback can be released 55 days after the contract is completed, abandoned, or terminated, provided no builders liens have been filed during that period. If a lien is filed, the holdback (or the portion related to that lien) must be retained until the lien is resolved, discharged, or expires. ATAC LAW advises owners on when release is safe and contractors on how to compel release when the period has expired. Contact ATAC LAW to confirm the correct timing for your specific project.
What is a deficiency holdback, and how is it different from a statutory holdback?
A deficiency holdback is a contractual retention, separate from the statutory 10% holdback. Owners or general contractors withhold it to cover the cost of incomplete or deficient work identified at substantial completion. Unlike the statutory holdback, a deficiency holdback has no fixed release timeline under the Builders Lien Act. Its release depends on the contract terms and whether the deficiencies are actually remedied. Disputes arise when the party withholding funds inflates deficiency lists or refuses to release funds after repairs are completed. If your deficiency holdback has not been released and the work is done, ATAC LAW can compel release.
What happens if a holdback is not released after the 55-day period?
If no liens are filed and the holdback period has expired, the party retaining the holdback has a legal obligation to release it. Failure to do so is a breach of the Builders Lien Act. ATAC LAW sends formal demands, and if the holdback is still not released, files a court action to recover the funds plus interest and legal costs. In many cases, the demand letter alone results in payment within 14 to 30 days. The longer you wait, the more leverage shifts to the party holding your money. Speak with ATAC LAW now.
How long do I have to file a builders lien in BC?
Under BC's Builders Lien Act, you generally have 45 days from the date of completion or abandonment of the project to file a lien. Missing this deadline can permanently extinguish your right to lien. Contact ATAC LAW immediately if you think you may be approaching this window — delays here are irreversible.
Can ATAC LAW help if I'm a subcontractor who hasn't been paid?
Absolutely. Unpaid subcontractors are one of the most common issues we handle. ATAC LAW can file a builders lien, pursue payment through BC Supreme Court, or negotiate a resolution with the general contractor directly. Lien deadlines are unforgiving. Call ATAC LAW today before your 45-day window closes.
Does ATAC LAW only serve clients in Vancouver?
No, ATAC LAW serves clients across all of British Columbia. Whether your project is in Metro Vancouver, the Fraser Valley, the Interior, Vancouver Island, or Northern BC, our construction lawyers can assist you. Many matters are handled remotely with no impact on results. Reach out regardless of where your project is located.
How does ATAC LAW determine its legal fees?
ATAC LAW offers transparent, upfront pricing, usually at hourly rates, but occasionally on a fixed fee basis depending on your matter. A clear fee estimate is provided after the initial consultation in most cases. Book a consultation with ATAC LAW to understand exactly what your matter will cost before committing to anything.
Your Holdback Is Overdue. Get It Released.
Confidential. A lawyer will review your case within 1 business day.
Speak With a Holdback Dispute Lawyer
Confidential. A lawyer will review your case within 1 business day.