Lien legislation protects those parties that have contributed to an improvement and may not otherwise have recourse against the land owner due to a lack of contract or other legal entitlement. However, the protections afforded by the legislation must be obtained through exercising strict compliance with the law. As a recent Ontario case demonstrates, even seemingly minor technicalities can operate to bar a claimant from recovery.
As published in the NRCA’s Northern Construction Connection September 2022 Newsletter, and VICA’s e-New.