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Construction Legal Services in Hamilton, ON

Construction Lien Legal Services

Looking for construction lien legal services?

Construction Lien Attorney

A construction lien is a charge or security that can be registered on the title to a property, by any person or company that has supplied services or materials to improve the property. A lien protects a contractor, labourer or supplier by helping to ensure that they are paid money owed to them, especially if the property is sold or remortgaged.  The Province of Ontario has made substantial changes in the past few years to the Construction Lien Act, now renamed the Construction Act. We enjoy advising contractors, labourers, supplier, and commercial and residential property owners about how construction liens may affect them.

Construction Lien Solutions

Be careful to note that the July 1 2018 changes discussed below are only applicable to projects that began after July 1st. The rules on this are complex; if you had any kind of relationship with the project or the homeowner before July 1st, contact us for a free consult to check if your project is under the previous or current system.

Michael-Faulds-2-1.pngBefore July 1, 2018After July 1, 2018
Deadline of lien period 45 days after work is completed 60 days after the last day of work *
Deadline to commence legal proceeding90 days after work is completed 90 days after the last day of lien period
Work that qualifies for a lien“Improvement” of the property; might include maintenance and upkeep. “Capital repair” of the property; no longer includes routine maintenance work.
Before July 1, 2018After July 1, 2018
Deadline of lien period 45 days after work is completed 60 days after the last day of lien period
Deadline to commence legal proceeding90 days after work is completed 90 days after the last day of lien period
Work that qualifies for a lien“Improvement” of the property; might include maintenance and upkeep. “Capital repair” of the property; no longer includes routine maintenance work.

Unfortunately, we often hear contractors after their lien rights have expired. We hear that they did not register a lien because they:

If you have missed the window for registering a construction lien, you still may be able to recover the monies owed to you by way of civil litigation. Please contact us for a free consultation.

KNOW AND PROTECT YOUR RIGHTS
GET PAID!
The bottom line is that a construction lien can be a powerful and cost-effective way to protect your rights and ensure that you get properly paid for the work you have performed. If you have a problem getting paid for a project or have any questions about a construction lien, we would be pleased to speak with you. We offer free consultations to contractors, suppliers, labourers, and homeowners in Hamilton, ON.

The amendments planned for October 1, 2019 are expected to be a substantial overhaul of key areas of the construction industry, including financing, liens, and procurement. It will be vital for contractors, suppliers, and labourers to assess their business practices to ensure that they protect their rights and comply with the new law. We will be updating this information in time for the second round of changes.

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