Using The CLA s. 39 Right To Obtain Information

The Construction Lien Act is a technical statute; it gives rights to persons who have provided goods or services to an improvement, rights that would not have existed without the Act. The Act sets out various rules and timelines; follow the rules and the timelines and you will be able to take advantage of the rights that the Act gives; fail to do so and your rights may evaporate. This proposition is demonstrated in Dolvin Mechanical Contractors Ltd. v. Trisura Guarantee Insurance Co. a 2014 decision of the Ontario Superior Court of Justice.

Section 39

Section 39 of the Act gives every claimant a right to obtain information, up the construction ladder, regarding contracts that affect it. For example, a sub has a right to obtain from the owner the state of accounts between the owner and the general and copies of all labour and material payment bonds affecting the project. These are important rights. They alert the claimant to a possible breach of trust and add a