The Construction Lien Court

Rights and obligations in the construction industry.

The Construction Lien Act, R.S.0. 1990 c. C30, places rights and obligations on participants in the construction industry that control the flow of funds in virtually all construction projects. While these rights and obligations are complicated, they are not always clearly understood, and the failure to properly manage them can have significant consequences. Opportunities for early and satisfactory resolutions, for example, are often overlooked or misinterpreted.

We bring our knowledge of the pitfalls and remedies associated with the Act to bear in representing our clients. Our experience in this regard has also resulted in our being asked to prepare and present many papers, speeches and seminars on these issues, to other lawyers, and to industry groups.

  • Liens Generally

    Preservation, perfection and actions to enforce liens.

  • Lien holdback

    The calculation and distribution of the construction lien holdback.

  • Basic vs. Finishing holdback

    This includes "Notice" holdback.

  • Payment Certifier

    The role of the payment certifier and substantial performance.

  • Certification

    Certificate of Substantial Performance and subcontract certification of completion.

  • Lienable vs. Non-lienable services and materials

    Educating the client regarding what is or is not a “lienable” service or material.

  • Issues surrounding the "last day of work"

    The investigation and understanding of the “last day of work” for the purpose of preserving or perfecting a construction lien.

Other Practices

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Construction Claims

We recognize that construction claims differ from other types of commercial and contract disputes due to the unique nature of the construction industry.

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Litigation & Advocacy

We represent clients at all levels and types of proceedings, including tribunals, mediations, arbitrations, construction lien proceedings, the Superior Court of Justice and the Ontario Court of Appeal

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Contract Drafting & Review

The vast majority of disputes that arise in the construction context can be traced back to the terms and conditions of an underlying construction contract.

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Bidding & Tendering

The obligations of a tender authority in the administration of a tender process have become better, and less understood over time.

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Private Power Projects

Power projects involve complex, integrated agreement structures that have to balance all the elements of an industrial construction project — from project financing through to commissioning and operations.

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Maintenance Contract Issues

Contractors and subcontractors who provide maintenance services are faced with obligations, client relationships and contractual pitfalls which are unique to the work they perform.

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Building Code & Zoning

Recent changes to the Ontario Building Code and the amalgamation of a number of municipalities have changed the way the OBC and zoning processes impact construction on a day-to-day basis.

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Mediation & Arbitration

Mediation/Arbitration, is a process by which parties work to resolve disputes through mediation and arbitration, either with an individual or a panel of individuals who are neutral in position to the matters at issue.

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