Legal Blog

Section 39 Request for Information

Coastal Steel Construction Ltd. v. Man-Shield (NWO) Construction Inc.

s39 of the Construction Lien Act allows a subcontractor or contractor to request information relating to bonds posted and the state of accounts between contracting parties higher on the construction ladder. The purpose is to allow the enquiring contractor to make an informed decision on whether to lien or if it has land, whether to rely on other contractors to prosecute the action on behalf of all lien claimants. The section does not allow a subcontractor to ask its general contractor for a statement of the contract between the general and the sub because the sub already has that information.

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