Legal FAQs

Disclaimer of Liability: The Legal FAQs are intended to provide helpful general information; however, it is not legal advice. You must consult a lawyer if you have a specific legal question or issue that requires an answer.

Nov
15
2013

Can a person waive his or her rights under the Construction Lien Act?

It is not possible to contract out of the Construction Lien Act (the “CLA”). Consequently, an agreement by any person who supplies services or materials to an improvement that the CLA does not apply to the person or that the remedies provided by the CLA are not available to the person is void

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Nov
11
2013

What is a “written notice of a lien” under the Construction Lien Act?

A “written notice of a lien” includes a claim for lien and any written notice given by a person having a lien that identifies the payer and the premises, and states the amount that has not been paid and is owed by the payer

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Nov
08
2013

What are “wages” under the Construction Lien Act?

“Wages” mean the money earned by a worker for work done by time or piece work, and includes all monetary supplementary benefits, whether provided by statute, contract, or collective agreement

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Nov
05
2013

Who is a “payer” under the Construction Lien Act?

A “payer” is the owner, contractor or subcontractor who is liable to pay for the materials or services supplied to an improvement under a contract or subcontract

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Nov
04
2013

What is a “subcontract” under the Construction Lien Act?

A “subcontract” is any agreement between the contractor and the subcontractor, or between two subcontractors, relating to the supply of services or materials to the improvement and includes any amendment to that agreement

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Oct
28
2013

What is a “contract” under the Construction Lien Act?

A “contract” means the contract between the owner and the contractor, and includes an amendment to that contract

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Oct
22
2013

Who is a “payment certifier” under the Construction Lien Act?

A “payment certifier” is an architect, engineer, or any other person upon whose certificate payments are made under a contract or subcontract

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Oct
21
2013

What is the definition of “premises” under the Construction Lien Act?

“Premises” includes the improvement, all materials supplied to the improvement, and the land occupied by the improvement, or enjoyed therewith, or the land upon or in respect of which the improvement was done or made.

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