Hacio Law is Thunder Bay's newest law firm, the best in construction Law.

Construction Law - Construction Liens & Claims

The Construction Lien Act, R.S.0. 1990 c.C30, places rights and obligations on participants in the construction industry which 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. At HACIO LAW 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.

Our experience with the Construction Lien Act includes:

  • the calculation and distribution of the construction lien holdback
  • basic vs. finishing holdback
  • "notice" holdback
  • the role of the payment certifier and substantial performance
  • statutory declarations and subcontract certification
  • lienable vs. non-lienable services and materials
  • issues surrounding the "last day of work"
  • timeframes for the preservation, perfection and expiry of claims for lien
  • Sheltering
  • liens against the interest of municipalities and the Crown
  • electronic registration
  • the s.39 "right to information"
  • procedures for the discharging of claims for lien
  • procedures for "bonding off" and vacating claims for lien
  • cross-examination and the affidavit of verification
  • liability for the exaggerated claim for lien
  • breach of the construction trust
  • personal liability for breach of trust
  • the "tracing" of construction lien trust funds
  • mortgage advances and claims for lien
  • referrals to the construction lien master
  • construction lien trials
  • priorities of distribution
  • the Court ordered sale of a Premises

Construction Law

Construction Claims
Litigation & Advocacy
Construction Liens & Claims
Bidding & Tendering
Contract Drafting & Review