Legal Question in Construction Law in Canada

Payment for services

Prior to selling a foundation system, the client was told that the access to his site needed to be improved

in order to pour concrete. He agreed,and said it would

be done. I have completed the foundation-and still no

road. The weather has turned nasty-rain,snow,winds etc. The site is at the top of a huge hill, the only

access is via a bush trail. He was told by home co. that his package would be placed at the road,and it was up to him to get it up to site. He cancelled for this year and wants me to take it all down. I've bust

my butt for him.What immediate steps can I take for payment,as he is deliberatly preventing the completion

of this. It has been 3 weeks since i've been able to drive in the site. It is a foam system used, and all this wind keeps racking the bracing out of plumb- so I've had to keep checking all the time and turning the

alignments. Can anyone please help me a.s.a.p.? Thanks


Asked on 12/11/01, 3:38 pm

1 Answer from Attorneys
Steven Matheson Edwards & Carfagnini

Re: Payment for services

The limitation period under the Construction Lien Act (in Ontario) is very short. You have to file a lien against the owner of the property for the value of the materials you supplied. This must be done within 45 days of the last day you were on the property and supplied materials or labour. You should see a construction lien lawyer in your geographic area as soon as possible to ensure the lien is filed on time and correctly.

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Answered on 12/12/01, 2:55 pm


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