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ARTICLE · 20 OCTOBER 2021

Construction Act Transition Rules: What Act Applies?

Miller Thomson
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A lien is a powerful and convenient tool used to protect trade and material suppliers in the construction industry. However, despite the convenience of the lien remedy, it is very time sensitive and...

CanadaReal Estate and Construction
Michael McCluskey
Michael McCluskey
Mario Concordia
Mario Concordia
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A lien is a powerful and convenient tool used to protect trade and material suppliers in the construction industry. However, despite the convenience of the lien remedy, it is very time sensitive and requires comparatively quick action. As such, it is imperative for contractors in the construction industry to understand the calculation of time associated with preserving and perfecting their lien rights. This is ultimately determined by whether the new Construction Act (the "CA") applies, or whether the old Construction Lien Act (the "CLA") has been grandfathered into the particular project.

Which Timeline Applies

The first step in identifying the governing timeline of a lien is to determine which act's timeline applies. As the CLA has been replaced by the CA and construction projects are often many years in the making, transitional provisions have been included in the CA.

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