How to Place and Enforce a Construction Lien
Posted: 2013-05-29 08:03:30
There are a number of steps you will need to take in order to place, preserve, and perfect a construction lien in Ontario. In Ontario, a lien holder must take steps to Â“preserveÂ” their lien within 45 days of the date the contract is completed or abandoned.
How you Â“preserveÂ” your lien depends on if the lien attaches to a piece of real estate or not. If it does, you will need to register your Â“claim for lienÂ” with the local land registry office. If the lien does not attach to a piece of real estate, the lien may be Â“preservedÂ” by giving a copy of the Â“claim for lienÂ” to the property owner. The claim for lien is a standard form document Â– in Ontario, it can be accessed here (http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900175_e.htm#BK8). Your claim for lien will need to include certain information including a description of the services or materials supplied, the amount claimed, and a description of the premises to which the lien relates.
Once you have Â“preservedÂ” your lien, you will then need to Â“perfectÂ” the lien within 45 days. What this means is that you will need to file a statement of claim with the court requesting a remedy Â– usually sale of the property in question to satisfy the ownerÂ’s debts to you. Where the lien attaches to a piece of real estate, the lien is Â“perfectedÂ” once the lien holder files a claim to enforce the lien and registers a Â“certificate of actionÂ” with the land registry office. The Â“certificate of actionÂ” is a standard form document Â– in Ontario, it can be accessed here (http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900175_e.htm#BK9). Where the lien does not attach to a piece of real estate, the lien is Â“perfectedÂ” when the lien holder files a statement of claim with the court.
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