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Construction Lien

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Construction Lien


The Construction Lien Act provides special rights not available to other business in Ontario.

Generally, in order to sue for unpaid work, one must have a contract with the party whom you are seeking monies (this is called “privity of contract”). Under the Construction Lien Act “privity” of contract” is not required as a trade has the right to place a construction lien against the property for which they provided services and/or materials.

As a general rule, a claimant can register a lien within 45 days of the last date that services or materials were provided. If there is publication of a date of “substantial completion” under the provisions in a construction trade magazine, the period for registering a lien can be even shorter.

Once the lien has been registered on the title to the property, it must be “perfected”. Normally, a lien is perfected by the issuance of a Statement of Claim (commencing legal proceedings) and thereafter registering a Certificate of Action on title.

Lien actions are often tried together and if a project is running into financial difficulties, there may be several liens on the same project.   It is important to register your lien against the property because if the property is sold, without registration of the lien, your rights to claim against the land will be lost forever.

If a contractor is expecting an advance of monies from the owner or the owner wishes to sell or mortgage the property, the placing of a lien can often provide a strategic advantage to the lien claimant in order to secure a relatively quick payment of monies. Even if the lien does not secure a quick payment of money, it is the best manner in which to protect the rights of the claimant.

The Construction Lien Act offers contractors special rights to “place a lien” against a property where they have supplied labour or materials. Liens are complicated and legal advice is required to ensure that the strict requirements of the Act are followed, and that the lien is not lost on a technicality. Generally a trade has 45 days from the last date of service (or publication in a trade newspaper, which ever is earlier) to register a lien, and another 45 days to perfect the lien by commencing a lawsuit and registering the Notice of Action on title.

The Act separately provides that all monies received on a project are trust monies only to be properly expended in accordance with those trust obligations.  Call Pranzitelli Law Firm today, if you need assistance with a Construction Lien Matter. 

Our Working Process

1. Review the Details of the Case

Gather all the facts of the case, including witness statements, police reports, photographs, and more.

2. Layout a Roadmap

With our clients we will create a plan to ensure that you get the proper treatment you need from local treatment providers. Our team will be building our theory of the case, evaluating all liability documents, medical reports and all other pertinent documents.

3. Commence legal Action

Starting with a Demand Letter, we will put the Defendant(s) on notice of our claim, and if necessary, we will proceed all the way to trial. Our team always takes a common sense approach in attempting to settle the matter before a trial, however if necessary, we have and we are willing to proceed to have a jury decide your case!

Frequently Asked Questions

Do you charge for a consultation?

We never charge for an initial consultation. At the free initial consultation, we will discuss the details of your potential case, the legal process and answer any questions you may have.

What about out-of-pocket fees?
ON all our contingency fee retainers, you will not be responsible for out of pocket fees. Our firm will pay for all necessary out of pocket expenses until your case is settled or decided at court.
Who will work on my case?
At Pranzitelli Law Firm, you have a team of lawyers, articling students, paralegals, law clerks and legal assistants working on your case. All cases are overseen by Adriano personally.
Does it matter how long do I have to file my lawsuit
Every case is different. Its important to get legal advice on your case immediately to ensure you do not miss any limitation periods.
How much can I expect to win?
While every case is different, the value of your case will depend on a number of factors. Speak to our team now to see if you have a case.

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