Construction Liens Litigation

Construction liens and construction litigation are unfortunately a part of the construction industry in Ontario. This can be one of the most unforgiving markets to do business. Budgets are tight, deadlines are short, and mistakes are made. Getting paid in this environment is often difficult. Project financiers await approval from engineers and architects for work done before advancing funds that eventually find their way to contractors and sub-trades. Conversely, nervous contractors register liens before their work is approved, and before addressing deficiencies. This can disrupt project financing, cause delays, and put the entire project in jeopardy.
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The construction lawyers at Devry Smith Frank LLP draw on a wealth of experience, advising financiers, owners, contractors and trades alike. Our team responds quickly to register or discharge construction liens well within the strict deadlines imposed by the construction industry and the Construction Lien Act. Our lawyers aim to provide our clients with the most cost effective, timely and practical solutions to your construction lien problems.

Our construction litigation group is equipped to advise you on all your construction business needs, including the following:

  • Construction contract drafting and review (CCDC or otherwise)
  • Preparing, reviewing and commissioning Statutory Declarations
  • Registering construction liens
  • Perfecting construction liens
  • Discharging construction liens
  • Vacating construction liens by posting lien bonds or other security
  • Litigating construction lien matters, including lien bond claims
  • Litigating claims for breach of trust
  • Litigating collection claims
  • Litigating priority disputes with mortgagees and other creditors
  • Applications to appoint trustees and receivers pursuant to the Construction Lien Act

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For more information, call or visit our offices that are easily accessible in the Lawrence and Don Mills area with plenty of free parking.

You must be aware that in Ontario, the deadlines imposed by the Construction Lien Act are short and failing to register your lien in the time can be fatal to your claim. Don’t delay. Contact one of the professionals at Devry Smith Frank LLP to preserve your construction lien rights.