Construction Lien Filing - Ontario
In Ontario, a Construction Lien is governed by the Construction Lien Act in Ontario. A Construction Lien in Ontario is known as a Builders Lien in other provinces and territories in Canada. For information on Builders' liens please see our other provincial sections. Construction Lien services in Ontario are similar to other provinces.You are in the right place if you need to file an Ontario Construction Lien
Who can file a Construction Lien in Ontario?
According to the Construction Act in Ontario: A person, who supplies services or materials in Ontario to an improvement for an owner, contractor, or subcontractor, can file a property lien against the premises which they have improved for the price of those services or materials.
Persons entitled to file a Construction Lien normally include construction companies, contractors, subcontractors, workers, material suppliers and leasors of equipment with or without an operator. Engineers who prepare designs for an improvement which is never in fact commenced are also entitled to file a Construction lien. As well, under the Act, architects are now entitled to file a Construction lien.
Materials mean any movable property that becomes, or is intended to become:
A - Part of the property improvement or
B - That is used directly in the making of the improvement or
C - That is used to facilitate directly the making of the improvement, including equipment rented without an operator.
Supply of Services means any work done or service performed upon or in respect of property improvements and includes:
A - The rental of equipment with an operator and
B - Where the making of the planned property improvements is not commenced, the supply of a design, plan, drawing or specification that in itself enhances the value of the owner's interest in the land or property.
Lien Filing Deadline in Ontario
In Ontario, if the project in its entirety (including first bids and the tendering process) began AFTER July 1, 2018 you have 60 days from the date of completion or abandonment for filing a Construction Lien. If the project in its entirety began BEFORE July 1, 2018, you have 45 days from the date of completion or abandonment for filing a Construction Lien. In the case of leasehold improvements, a demand and request for information letter must also be sent to the landlord prior to filing a Construction lien. Refer to our lien date calculator to calculate your exact deadline date for filing a Construction Lien.
Property Subject to a Construction Lien
According to the Construction Lien Act in Ontario, All real property on which the improvement is made is subject to a lien claim under the Act, EXCEPT:
A - Interests of the Federal Crown. As a result, persons who supply labour or materials to a Federal Crown construction project, such as, for example, the building of an armed forces base, are not entitled to a Construction lien.
B - Interests of the Provincial Ontario Crown and includes Provincial agencies, boards, commissions, railways, public utilities, universities and manufacturing companies owned or controlled by the Province
C - Where the Provincial Crown is owner of a premises or where the premises are a public street or highway owned by a Municipality, or a railway right-of-way, but there is a lien chargeable on the holdbacks required to be retained under the Act, plus any additional amounts owed under a contract or subcontract
Construction Lien Services
Lien-Pro knows Ontario Construction Liens and we are familiar with new regulation changes affecting Construction Liens. You will find our Construction Lien services easy to use. Our online forms and lien systems are straight forward and are built to file your Construction lien in a timely and cost effective price.
Let Lien-Pro take care of your Construction Lien, so you can concentrate on what you do best, your business. Our clients include builders, general contractors, sub-contractors and suppliers across Canada and the US. You will find our Construction Lien services quick and efficient.
For those who are running out of time and need to file a Construction Lien immediately, call us today for more details. You can also schedule a free introductory consultation on filing an Ontario Construction Lien.
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