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WOODWORKER LIENSAre you having trouble getting paid for your logging work? You can, of course, sue the party that owes you the money. But what if they have no ability to pay? Under a little known and rarely used statute of British Columbia, called the Woodworker Lien Act, you may have another remedy. You could claim a lien over the logs that you worked on, and have those logs seized and sold to satisfy your account. The logs can be seized even if another party has bought them. Be aware, however, that there are a lot of complex and technical requirements found in the Act. Generally, only people who actually perform work are entitled to claim the lien. So, equipment operators and logging truck drivers can claim the lien, including those that are supplying their own equipment with their labout; contractors who employ others, or persons supplying equipment but not operating it, cannot. Employers can take assignments of their employees' claims, and then claim the liens that their employees were entitled to. Timing is critical. A statement of claim of lien must be filed within 30 days after you stopped working on the timber. Also, you must be able to identify the logs, so that the sheriff can go out and seize them. If they have been sawn into timber, you are too late. Provided you act quickly and satisfy the technical requirements of the Woodworker Lien Act, this can be a very effective method for getting paid. John Drayton is a Kamloops lawyer practicing in the areas of motor transport and forestry law. Back to Articles Index
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