Lien Time-Frames Where the July 1, 2018 Changes Apply:

  • the lien-expiry period will now be 60 days instead of 45 days, regardless of the event that triggers the commencement of the lien period;  

 

  • lien claimants will have 90 days to perfect the claim for lien; and

  • a new "triggering" event has been added to the list of what will trigger the lien-expiry period.  This is the "termination" of the contract.  The owner, contractor or "other person whose lien is subject to expiry" shall publish a notice of that termination in the same way a certificate of substantial performance is published.  This gives notice - to anyone that might have an interest in the improvement - that the contract has been terminated and that lien rights are expiring.  As indicated, although the requirement to publish the notice is mandatory, the Act allows for more than one participant to do so.    

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As always, determining one's rights and obligations under construction legislation can be very complicated.  The above is intended for general information and not for use in any particular circumstance.  It is recommended that experienced construction law counsel be consulted in this regard.    

     

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