The Construction Lien Act (CLA) provides a series of protections to Ontario contractors and subcontractors to ensure payment for services. The act is designed to provide a remedy to those who supply materials or work on a project, but do not have a direct contractual agreement with the property owner.
Because of the complexities of lien law, parties to a dispute must retain experienced lawyers to advance their legal interests. Belsito Law has a significant construction law practice in Richmond Hill, Woodbridge, North York and Vaughn. Our lawyers conduct construction lien litigation on behalf of builders, developers, owners and trades, using our in-depth knowledge of the CLA and its effect on industry participants.
Enforcing Rights Under The CLA
Under the CLA, lien rights arise as soon as work is performed or materials are supplied; however, a lien must be preserved and perfected for legal action to commence. A claim for lien must be enforced within strict time limits and an owner must similarly take specific steps to have the lien removed.
There are several different aspects to construction lien litigation, including establishing the "owner" for the purposes of the suit, holdback requirements and negotiation of settlement, or posting of security with the court. Due to the risk of legal costs involved in the failure or success of such legal proceedings, the claim is best handled by an experienced lawyer.
Belsito Law has been trusted by developers and contractors for more than four decades. Clients value our professionalism, experience and ability to find creative solutions to complex disputes.
Contact Belsito Law
Please schedule an appointment to consult with our legal counsel. Call 905-762-1511.