Register a construction lien

Description

WARNING: Although we register a lien on your behalf, there is a separate deadline to "perfect" your lien by starting a lawsuit in the Ontario Superior Court of Justice AND a further registration of a "Certificate of Action" on the title of the property you are affecting. These additional steps are not included in the flat fee service, so you should ask one of our construction lawyers if you wish to purchase such services. If you fail to "perfect" the lien claim within the stipulated timeline, you will be obligated to remove your lien.

Has a homeowner (or other property owner) not paid you for construction services you provided to them?

Book this service to register a construction lien on their property, where you provided materials and/or services that have improved someone's real estate. This applies to both subcontractors and general contractors.

A construction lien will significantly improve your chances of being paid. It can be registered on title to the land, which has priority over other charges, including any mortgages on the land / property.

We charge a flat fee of $2,500 + HST + government fees for registration of your construction lien, which will include the following:

  • Registration of the Construction Lien on title to the land / property, including all disbursements.
  • Service of the Construction Lien to the legal owner and/or the mortgagees (lenders) on title and/or main contractor for the project.
  • Negotiation with the owner or general contractor to obtain payment of your unpaid invoices for materials and services, as well as reimbursement of your legal fees to register the lien.

Preservation / registration of your construction lien will be dependent on materials and/or services that were provided no later than the last 60 days of last supply OR no later than 60 days of termination / abandonment of the contract by the owner or main contractor, as applicable.

*Please note, registration of the lien is subject to compliance with the Construction Act, R.S.O. 1990, c. C.30, as amended, including evidence of proper invoices.

 

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