Construction Bits And Bites July 2022 – Lien Deadlines

We are pleased to present you with the most recent issue of our Construction Bits and Bites bulletin. Bits and Bites bulletins include topics of interest to everyone in the construction industry in a concise, "bite-sized" format.

This first bulletin reviews the factors that determine the deadline by which a lien must be preserved in Ontario. A lien is preserved by registering it on title to the project lands or giving a Claim for Lien to the Owner. The method of preservation – whether registering or giving the lien – depends upon the type of lien that it is.

45 vs. 60 days – 'old' Act vs. 'new' Act

The Construction Act was amended to give a lien claimant 60 days from the happening of certain events to preserve a lien. However, if the Owner started the procurement process for the improvement, or entered into the contract, before July 1, 2018, then the 'old' Act still applies and lien rights expire 45 days from the happening of certain events.