Construction Lien – Creating and Removing
The Construction Lien Act contains special rules about the process of placing and removing construction liens.
The Act is the Ontario government’s response to the issues faced by the suppliers of goods and services, such as contractors and sub-contractors, and aims to protect suppliers against others’ default.
A remedy provided under the Act is a lien. It gives the supplier(s) rights akin to those of secured creditors.
A contractor, for example, gains the right to a lien on the property that he is improving from the date he starts to work on it.
The Act‘s provisions setting out the requirements for a lien are highly technical and often require the assistance of counsel.
For instance, the deadlines for preserving and perfecting a lien are specific and strict.
Contractors must adhere to these deadlines to have an effective claim.
We can assist you whether you are the supplier of goods and services looking to create a lien or the property owner seeking to remove a lien.
