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Liens, Written Notice of to Engage s24 CLA

Posted on November 14, 2016 | Posted in Construction, Five Liners

Trenchline Construction Inc. v. Unimac 2016 Ont SCJ (MC)

If a claimant provides a “written notice of a lien” up the construction ladder, then the payor receiving the notice must hold back the amount set out in the notice from any person immediately below on the construction ladder. This holdback is in addition to statutory holdbacks. A written notice of a lien, which should not be confused with a registered claim for lien, may be given informally. In addition to identifying the claimant, the contractor that owes the money, the amount owed, and the premises, the notice must also warn the payor that either (i) the flow of funds is to be interrupted immediately or (ii) the claimant has a present intention to register a claim for lien.

Jonathan Speigel


Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.



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