Construction Legal Services in Hamilton, ON
Construction Lien Legal Services
Construction Lien Attorney
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.
Before July 1, 2018 | After 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 proceeding | 90 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, 2018 | After 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 proceeding | 90 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:
- assumed the legal fees would be too expensive;
- were not sure whether they had the right to register a lien;
- did not think there was any advantage to registering a lien, instead of suing later;
- were not aware of construction liens at all.
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.
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.