Now that the changes have been in effect for over a year, let’s discuss the July 1, 2018 changes to the Construction Act, formerly the Construction Liens Act, to see how everyone is making out.
One thing to keep in mind is that if the contract was entered into before July 1, 2018, the previous Construction Liens Act applies and the 45-day rules is in effect. For the smaller projects, as we over a year past the change, this should not be a big issue.
The changes to registering a lien within 90 days after the date of last attendance could be favorable, allowing more time for contractors and owners to make payment. However, this also could delay payment. In additional, another 90 days after the date you had to register your lien, to perfect your lien could also be seen as a delay in getting you paid.
What does this mean? Yes, you have more time to work out payment on the project you worked on, but that doesn’t mean you can delay getting the file to our offices.
I have spoken before about the steps required to register a lien, and the searches required. New properties are not necessarily easily found in the Teranet property search system, therefore, do take more time to track down.
If you know without a doubt that you will not be paid, don’t delay and get us the file. If you are trying o negotiate payment, the best thing to do is get us the file two weeks before the deadline. If you do that, at least we can get the searches done and be in a position to file the lien on title without any rushing around.
So, to sum it up, you have more time, but still don’t delay in getting us started on it.
Christine Allan, Law Clerk