Call us: (905) 366 9700
Legal Blog: Construction
Oct
17
2013
Who is a “lien claimant” under the Construction Lien Act?
A “lien claimant” is a person having a preserved or perfected lien.
Continue Reading >Apr
12
2013
How long do I have to serve the statement of claim in a construction lien action?
Pursuant to Section 53(2) of the Construction Lien Act, a lien claimant must serve the statement of claim within 90 days. The time begins to run from the date the statement of claim was issued. It is possible to obtain a court order to extend the time for service.
Continue Reading >Sep
11
2012
Who is obliged to maintain a holdback under the Construction Lien Act?
Pursuant to Subsection 22 of the Construction Lien Act, each payer upon a contract or subcontract under which a lien may arise shall retain a holdback equal to 10 percent of the price of services or materials as they are actually supplied under the contract or subcontract until all liens that may be claimed against the holdback have expired as provided by Part V of the Act, or have been satisfied, discharged or provided for under Section 44 of the Act.
Continue Reading >Sep
10
2012
What is a “holdback” under the Construction Lien Act?
“Holdback” is a defined term. It means the 10 per cent of the value of the services or materials supplied under a contract or subcontract required to be withheld from payment by Part IV of the Construction Lien Act.
Continue Reading >Sep
06
2012
Does my last attendance on the job site extend the time for filing a construction lien?
It depends on what work was done. Whether lien rights are extended will turn on the facts of each case. The cases are replete with examples of concocted attendances at a job site to extend the filing of a construction lien. The court will not permit a claimant to bootstrap its claim by late attendance at a job site after its lien rights have expired.
Continue Reading >Jul
19
2012
How long do a contractor and subcontractor have to register a construction lien?
A construction lien must be registered within 45 days from the date of the earliest triggering event. The triggering events for a contractor are set out in Section 31(2) of the Construction Lien Act (the “Act”). The triggering events for a subcontractor are set out in Section 31(3) of the Act. There are different triggering events depending upon whether
the lien is for services and materials supplied before or after the date certified or declared to be the date of the substantial performance of the contract.
Apr
18
2012
Who is a “subcontractor” under the Construction Lien Act?
A “subcontractor” means a person not contracting with or employed directly by the owner or an agent of the owner but who supplies services or materials to the improvement under an agreement with the contractor or under the contractor with another subcontractor.
Continue Reading >Apr
17
2012
Who is a “contractor” under the Construction Lien Act?
A “contractor” means a person contracting with or employed directly by the owner, or an agent of the owner to supply services or materials to an improvement. (more…)
Continue Reading >Apr
05
2012
Who is entitled to a lien under the Construction Lien Act?
Any person who supplies services or materials to an improvement for an owner, contractor, or subcontractor has a lien upon the interest of the owner in the premises for the price of those services or materials. (more…)
Continue Reading >