The Construction Lien Act seems to be a world unto itself, unaffected by the general principles of law. But the recent decision of the Alberta Queen's Bench reminds us that a construction lien is one form of secured interest. The lien is therefore subject to the general principles of the law of mortgages and secured interest. The court held that a construction lien is subject to the age-old equitable principle of marshalling. This principle can be of great help to lien holders seeking to recover value from a highly mortgaged property.

There are other long-standing principles that may substantially affect priorities of lien holders. Marshalling and apportionment are just two of those principles.