When is the deadline for filing a claim of builders lien - 45 days?
The catalogue records a 45 days period from Issue of the certificate of completion, or completion, abandonment or termination of the head contract, or completion or abandonment of the improvement. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 45 days
- Trigger
- Issue of the certificate of completion, or completion, abandonment or termination of the head contract, or completion or abandonment of the improvement
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
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- None. Section 22: "A lien in respect of which a claim of lien is not filed in the manner and within the time provided in this Act is extinguished." There is no judicial power to extend. Section 20(4) confirms the registrar has no duty to inquire whether the time limit has been met, so an out of time filing may be accepted by the land title office and still be worthless.
- ADDED ON VERIFICATION - a hard 45 day extinguishing deadline that the researched catalogue omitted entirely. Section 20(3) prevents a later certificate of completion from extending or renewing time where time had already started to run under s 20(2) or by reference to an earlier certificate. The separate holdback period in s 8 expires 55 days after the same events, so the lien filing deadline falls 10 days before the holdback may be released.