Nova Scotia: Construction liens

What a lien can secure

A lien is statutory security for qualifying work, services or materials. It may attach to an owner's interest or a statutory fund, subject to scope and exclusions. It does not prove the full debt, and public or federal property can require a different procedure. Identify the claimant, work, contract, land interest and amount before filing.

Preserve within the right window

Section 24 generally uses 60 days: completion or abandonment for a contractor or subcontractor, last furnishing or placing for materials, completion of services, or last work for wages. Section 24(5) provides a special final-certificate branch for certain contractor claims. Check the specific category; do not calculate from an anticipated prompt-payment notice or an invoice due date.

Identify the correct owner, legal land description, contract, claimant and value before using the prescribed registration process. A lien is security subject to statutory eligibility and procedure; it is not automatic proof of the entire debt. Public and federal projects need a separate property and scope check.

Registration is not the end of enforcement

Sections 26 and 27 require an action and registration of its certificate. Section 27 generally uses 90 days after completion of the work or service or furnishing of materials where no period of credit, or no expiry date for it, is stated. Section 26 has different 105-day, credit and special-certificate rules. These periods are not a fresh 90 days after lien registration. Check the applicable branch immediately and give the owner notice of registration under section 24A.

Lien, holdback and prompt payment are distinct

Section 13 of the current Builders' Lien Act generally requires 10% of the value of the work, services and materials, retained for 60 days after substantial performance. Section 13(1) defines that event by readiness or actual use and the cost of remaining completion or correction, not simply an invoice date. A separate 10% fund applies to remaining work under section 13(3). These duties are independent of the unproclaimed prompt-payment amendments.

The pending prompt-payment framework does not suspend the lien rights or holdback duties already in force. Do not wait for proclamation or a future adjudication process before protecting a current claim.

Build the filing record early

Preserve the legal property description, parties and contract chain, work and supply records, last relevant work, certificates and evidence of their issue or publication, amounts and payments, and all notices. Confirm the prescribed form, registry or recipient and any subsequent action deadline with qualified local assistance.

Apply the current Builders' Lien Act and Interpretation Act to the actual supply, certificate or completion event. Learn's calculators do not calculate Nova Scotia deadlines. Future regulation-based periods remain unprescribed here rather than being borrowed from Ontario.