n Without Prejudice - Liens over property : construction law
|Article Title||Liens over property : construction law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Publication Date||Nov 2007|
The builder's lien is a right of retention which the contractor acquires over the building or structure which it has constructed and for which it has not received payment. It is without doubt the most powerful tool the contractor has to ensure payment. The lien in itself can never constitute a cause of action as it is a form of tacit security, which provides the contractor with a defence against the vindicatory action of the owner of the property.
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