Life gets in the way, we get it. We also understand that there are always emergencies. However, when it comes to lawsuits, construction liens and incorporations, rarely should these be things that take a back seat.
There are limitations in place when it come to commencing a lawsuit, and there are strict timelines in place for construction lien matters. These are things that should be addressed well before the limitations are up. This should be pretty simple, especially if you follow our 30-60-90 sue™ method when dealing with payment from customers.
For construction liens, timelines are strict and following the 30-60-90 sue™ method will not work in your favour. In a nutshell, you have 60 days from the date of last attendance, completion of the project or termination of the contract to register your lien.
What do you do when your customer is making promises to pay, but keeps delaying? Involve your lawyer early on and have them make a demand for payment. The customer usually then understands that you mean business, and more often than not will result in you getting paid and actually save you money by not having to commence litigation.
Incorporations are another thing you don’t want to wait until the last minute. You will need time to consult with your lawyer and accountant, and take into consideration their advice to you. There are different types of corporations, some of which can be very complicated. You will need to ensure you are incorporating for the right reasons, and to consider any tax consequences that could be involved with it.
If there is one thing that you are going to take from reading my blog today, I hope that it to be to just not wait. At the very least, get your lawyer in the loop as early as possible, it could actually save you money in the future.
Christine Allan, Sr. Law Clerk