Construction Liens Paralegal Mississauga
Construction Lien Ontario
A construction lien is a charge or security on a property that can be registered on title to the property by anyone who has supplied services or materials to improve the property.
Amendments to the construction lien and hold-back rules and regulations came into force on July 1, 2018. Below are some changes that have taken effect:
- Contractors and subcontractors have 60 days to register a lien (preserve) and 90 days to start a court action (perfect); A construction lien can now be preserved and perfected within the jurisdiction of the small claims court;
- Contractors and subcontractors have to follow specific bookkeeping rules to protect subcontractors in the event of bankruptcy;
- Project owners and other payers are now required to pay contractors and subcontractors hold-backs once the timeline to file liens has passed.
Construction Lien Paralegal: The following changes took effect on October 1st 2019:
- A prompt payment system was implemented to ensure that contractors, subcontractors and workers are paid on time;
- Mandatory timelines to issue for a contractor to issue an invoice;
- Mandatory timelines for owners to pay general contractors within 28 days; general contractors must pay subcontractors seven days after receiving payment from the owner;
- Subcontractors must pay other subcontractors within seven days of receiving payment from whomever hired them for the project; and
- Contractors and subcontractors will have a right to charge mandatory interest on late payments.
The small claims court may not be the first solution to your problem. As your construction lien paralegal, I will attempt to negotiate with the other party to save you time and money by avoiding legal action.
There is a limitation period for you to commence a proceeding at the small claims court. Contact our office
right away to determine your limitation period so that you do not miss it.
If your case exceeds $35,000.00, and you are unsure whether to sue in the small claims court or at the superior court level, contact our office. We can estimate your expenses!
When considering Superior Court of Justice, court costs are higher and you would have to retain a lawyer at which point, your costs would significantly increase.
Trust the professional advice of Balatidis Legal Services, a construction lien paralegal in Mississauga, servicing Mississauga, Brampton, Toronto, Oakville, Burlington and Hamilton.