How is a construction lien enforced?
October 22, 2021
Christian Jannetta
Legal Moment
Legal Moment on Dave Rocks
Transcript
| [phone ringing] | |
| Receptionist: | Cohen Highley |
| Announcer: | And now the Cohen Highley Legal Moment on Dave Rocks. |
| Announcer: | I’m with Christian Jannetta from Cohen Highley Lawyers. How is a construction lien enforced? |
| Christian Jannetta: | A lien is enforced through a 2-step process. The first step is preserving the lien, and the 2nd is perfecting the lien. |
| Announcer: | So how is a lien preserved? |
| Christian Jannetta: | In most cases, a lien is preserved by registering a claim for lien against title to the property. The Construction Act sets out very strict timelines for the preservation of a lien on the order of days, not months. If these timelines are missed, the lien will expire. |
| Announcer: | And perfecting? |
| Christian Jannetta: | Perfecting involves commencing a court action to enforce an already preserved lien and registering a certificate on title to confirm that this has been done. Strict timelines also apply to perfecting a lien. |
| Announcer: | So your advice? |
| Christian Jannetta: | A contractor or supplier who has not received payment for work should seek legal advice with respect to its lien rights as soon as possible given the short timelines we talked about. |
| Announcer: | Thanks Christian, this has been the Cohen Highley Legal Moment. |
| [Music] | |
| Singers: | Cohen Highley, we’re listening. cohenhighley.com |
