The Nava Wilson litigation team ensures that the rights of our clients are protected to the fullest extent of the law.
A construction lien is available to anyone (usually contractors and subcontractors), who provides labour and supplies material to a property or piece of land. If they are not paid for their services, they have the right, within a specific period of time, to register a lien on the property for the amount they are owed.
A lien is an encumbrance on the title of the land; it also acts as a charge on the holdback maintained by owners and general contractors.
If a lien is placed on your property, and you believe you have paid the adequate amounts owed to your contractor, you can defend the lien placed against your property.
The Construction Lien Act mandates that every ‘payor’ on a contract such as the property owner must retain a holdback of 10% of the cost of service and materials. This 10% holdback is ‘held back’ by each contractor and subcontractor down the pyramid.