GOLDEN TRIANGLE CONSTRUCTION MANAGEMENT INC v NUWEST INTERIOR SYSTEMS INC

In this Application, Master Prowse was asked to determine whether the Court should strike two builders’ lien actions (the “Actions”) that were filed within the requisite 180 days but were defective, and alternatively, whether the Court has jurisdiction to allow the lienholder to amend the defective Actions nunc pro tunc.

The lienholder had filed Actions to enforce two builders’ liens within 180 days; however, the Actions were defective in that they did not name the general contractor as a Defendant.

Master Prowse allowed the lienholder to amend the Statements of Claim in the Actions to include the general contractor. The 180 day time limit for filing the Actions was triggered in this case by a Court Order and not by the Builders Lien Act, RSA 2000, c B-9. Further, Rule 13.5(2) gave the Court discretion to extend a time period specified in an Order.