Construction Liens — Property Counsel
Construction Liens
Ontario construction lien lawyers.
Property Counsel represents contractors, subcontractors, suppliers, and property owners across Ontario in construction lien claims, holdback disputes, breach of trust claims, and prompt payment matters under the Construction Act.
Construction lien deadlines are short. Acting quickly protects your right to be paid — or to clear title.
How We Help
Construction lien services across Ontario.
Deadlines are strict
Construction lien rights expire quickly under Ontario’s Construction Act
Under Ontario’s Construction Act, a lien must be preserved (registered on title) within 60 days of the last day of supply or substantial performance, and perfected (a court action commenced and a Certificate of Action registered) within a further 30 days. Miss either deadline and the lien expires permanently — regardless of how much you are owed. Property owners facing a lien on their title face their own tight timelines to discharge, vacate, or post security before a sale or refinance can close. Whether you are filing a construction lien or trying to remove one, contact us immediately to confirm your deadlines.
01
Filing & Preserving Construction Liens — Contractors, Subcontractors & Suppliers
If you are a contractor, subcontractor, supplier, equipment renter, architect, engineer, or any other party who has supplied work or materials to an improvement and not been paid, a construction lien is one of the most effective remedies available under Ontario law. Filing a lien creates a charge on the title of the property — in most cases preventing the owner from selling or refinancing until the claim is dealt with. We file and preserve construction liens in Ontario by registering a Claim for Lien against title through Teraview within 60 days of the last day of supply, calculating the correct lien amount including the 10 per cent statutory holdback, identifying the proper owner and premises, and ensuring the registration complies with the strict formal requirements of the Construction Act. Acting quickly is essential — once the 60-day window closes, the lien right is lost forever.
02
Perfecting & Enforcing Construction Liens
Registering a lien is only the first step in getting paid. To preserve the lien beyond the initial period, the claim must be perfected by commencing an action in the Superior Court of Justice and registering a Certificate of Action on title within 90 days of the last day of supply. We commence the lien action, register the Certificate of Action, exchange pleadings, conduct examinations for discovery, and prosecute the claim through to trial or settlement — including motions for summary judgment where the facts support it, references before a construction lien Master or Associate Judge in Toronto, and steps to set the action down for trial within the two-year statutory deadline.
03
Removing Construction Liens From Title — Property Owners
A construction lien registered against your property’s title prevents you from selling, refinancing, or closing any deal until the lien is resolved. If a contractor or subcontractor has registered a lien on your home or commercial property, you have several options. Where the lien is invalid on its face — missed deadline, wrong owner, no improvement, defective form, or an inflated amount — we bring a motion to discharge it. Where the underlying claim is disputed but the lien is technically valid, we bring a motion to vacate under section 44 of the Construction Act, posting security into court (the lien amount plus 25 per cent for costs, up to $250,000), which removes the lien from title and frees up your sale or refinance while the underlying dispute continues separately. Where the lien has expired but not been removed, we register the appropriate Application to Delete Construction Lien on Teraview.
04
Holdback Claims — Recovering & Releasing the 10 Per Cent
The Construction Act requires every payer in the construction pyramid — owners, general contractors, subcontractors — to retain a 10 per cent statutory holdback from each payment to the party below. The holdback exists to protect unpaid lien claimants downstream. We advise owners on when holdback can be safely released without exposing them to personal liability, pursue holdback claims on behalf of unpaid subtrades and suppliers, and resolve disputes over the calculation, release, and distribution of holdback funds at the end of a project.
05
Breach of Trust Claims & Personal Director Liability
Money received on account of a construction project is impressed with a statutory trust under sections 8 to 13 of the Construction Act. Owners, contractors, and subcontractors who receive funds must apply them first to pay the parties who supplied services or materials to that improvement — not to other projects, overhead, or personal use. Where trust funds have been diverted, the directors and officers of the corporation that received them can be held personally liable, with no protection from corporate limited liability. Importantly, breach of trust claims survive even where lien rights have expired. We bring breach of trust claims against contractors and their principals to recover funds owed downstream and provide a remedy when the lien deadlines have already passed.
06
Prompt Payment & Construction Act Adjudication
Since the 2019 amendments to the Construction Act, Ontario operates a mandatory prompt payment regime with strict timelines: owners must pay general contractors within 28 days of receiving a proper invoice, with payments cascading down the chain on similar timelines. Payment disputes can be referred to a binding adjudication conducted by an Ontario Dispute Adjudication for Construction Contracts (ODACC) adjudicator, who must render a written decision within 30 days. Adjudication is fast, binding, and significantly less expensive than full lien litigation — and it is available in addition to lien rights, not as a replacement. We initiate adjudications, respond to referrals, and enforce adjudicator determinations in the Superior Court.
07
Demand Letters & Pre-Lien Negotiation
In many cases, payment can be secured without registering a lien at all. A clearly drafted demand letter that sets out the amount owing, the supporting documentation, and the consequences of non-payment — including the imminent registration of a lien and a breach of trust claim against the directors personally — is often enough to prompt settlement within days. We assess whether your file supports a lien, advise on the strategic value of registering versus negotiating, and draft demand correspondence designed to recover funds quickly while preserving every remedy available under the Construction Act.
08
Condominium & Common Elements Liens
Construction liens against condominium projects raise distinct issues under both the Construction Act and the Condominium Act, 1998. Where the work was done to an individual unit, the lien attaches to that unit alone. Where the work was done to the common elements, the lien is registered against each unit’s proportionate share of the common elements — affecting every owner in the building. We act for trades and suppliers asserting liens against condominium projects (including new builds), for condominium corporations defending against improperly registered liens on the common elements, and for individual unit owners caught between a developer or property manager and an unpaid trade. We also advise on the interaction with Tarion warranty obligations on new condo projects.
09
Public Project & Bond Claims (Municipal, Crown & Government Land)
Construction liens cannot be registered against publicly owned land in Ontario — including municipal, provincial, and Crown property, transit and infrastructure projects, schools, hospitals, and government buildings. Instead, unpaid contractors and subcontractors on public projects must look to the contractor’s mandatory labour and material payment bond, which the Construction Act now requires on most public contracts above prescribed thresholds. We pursue claims against payment bonds, draft and respond to notices of claim, give notice of lien to the public body where the project is on Crown land, and advise on the interaction between bond claims, prompt payment timelines, and adjudication on public infrastructure projects.
What You Need to Know
Common questions about construction liens
and payment disputes in Ontario.
How long do I have to file a construction lien in Ontario?
Under the Construction Act, a construction lien must be preserved (registered against title) within 60 days of the earliest of: the last day services or materials were supplied to the improvement, the date the contract was completed, the date a certificate of substantial performance was published, or the date the contract was abandoned or terminated. The lien must then be perfected by commencing a Superior Court action and registering a Certificate of Action within a further 30 days. These deadlines are absolute. Miss them and the lien expires permanently — regardless of how much you are owed or how strong the underlying claim for payment may be.
How much does it cost to file a construction lien in Ontario?
The cost of filing a construction lien in Ontario depends on the complexity of the file: the amount of the claim, the number of payers in the chain, whether the property is freehold or condominium, whether the project is private or public, and whether the lien is being filed close to a deadline. Most lien files break into two stages: filing and preserving the lien (the initial registration and the supporting work to make sure it is correct and timely), and perfecting and enforcing the lien (the court action that follows). We discuss fees at the outset of every file before any work is done, so you know what the engagement will cost before you commit. Contact us for a quote on your specific file.
Can I file a construction lien without a written contract?
Yes. A construction lien arises by operation of statute as soon as a person supplies services or materials to an improvement on land — no written contract is required, and no privity of contract with the owner is required. What matters is whether the work or materials were actually supplied, to which premises, on whose authority, and what amount remains unpaid. That said, the absence of a written contract usually makes the underlying claim for payment harder to prove. We assess the documentary record — quotes, emails, invoices, photographs, delivery slips, change orders — before advising on lien strategy.
What is the difference between preserving and perfecting a construction lien?
Preservation is the registration of a Claim for Lien against the title of the property within 60 days — this creates the lien as a charge on the land. Perfection is the commencement of a Superior Court action and the registration of a Certificate of Action on title within the following 30 days — this carries the lien forward into litigation. A preserved but unperfected lien expires automatically at the end of the 90-day window. Both steps are required to maintain enforceable lien rights and there is no extension available for missing either deadline.
I’m a property owner — how do I remove a construction lien from my title?
There are three primary routes for removing a construction lien from title in Ontario. Where the lien is invalid on its face — missed deadline, wrong owner, defective form, or no lienable improvement — we bring a motion to discharge it. Where the lien is technically valid but the underlying claim is disputed and you need clear title to close a sale or refinance, we bring a motion to vacate under section 44 of the Construction Act, paying security into court (typically the lien amount plus 25 per cent for costs, up to $250,000). The lien is removed from title and the money dispute continues separately. Where the lien has simply expired and was never perfected, we register the appropriate deletion document through Teraview to clear title.
What is the 10 per cent holdback under the Construction Act?
The Construction Act requires every payer — owner, contractor, subcontractor — to retain 10 per cent of the price of services or materials supplied under each contract or subcontract. The purpose of the holdback is to provide a fund out of which lien claimants can be paid if disputes arise downstream. Holdback must generally be maintained until lien rights have expired, after which it can be released. Owners who release holdback prematurely may be personally liable to unpaid subtrades and suppliers. We advise homeowners and commercial property owners on the timing and conditions for safe release of holdback at the end of a project.
What is breach of trust under the Construction Act?
All money received on account of an improvement — whether by an owner, contractor, or subcontractor — is held in statutory trust under sections 8 to 13 of the Construction Act for the benefit of the parties downstream who supplied services or materials to that project. Using trust funds for anything else — another project, overhead, personal expenses — is a breach of trust. Critically, the directors and officers of a corporation that diverts trust funds can be held personally liable, even if the corporation is insolvent or bankrupt. Breach of trust claims survive even where lien rights have already expired, making them a powerful remedy when the 60- or 90-day deadlines have been missed.
What is prompt payment and how does Construction Act adjudication work?
Ontario’s prompt payment regime imposes mandatory payment timelines once a proper invoice has been delivered. Owners must pay general contractors within 28 days, who must pay subcontractors within 7 days of receiving payment, and so on down the chain. Payment disputes can be referred to a binding adjudication conducted by an ODACC-listed adjudicator, who renders a written decision within 30 days. The determination is binding on an interim basis and enforceable in the Superior Court. Adjudication is significantly faster and less expensive than lien litigation and runs in parallel with lien rights — it is available in addition to, not as a replacement for, registering a construction lien.
Can a homeowner be personally liable for unpaid subcontractors?
Yes, in certain circumstances. If you release holdback to your general contractor before lien rights have expired and a subcontractor or supplier goes unpaid, you may be personally liable to that subcontractor for the amount that should have been retained. You can also be liable for payments made after you have received written notice of an unpaid claim. The Construction Act protects owners who follow the holdback rules carefully — but the protection is conditional on doing it correctly. Homeowners undertaking renovations or custom builds should obtain advice on holdback obligations before making final payment, not after.
What happens if I miss the 60-day or 90-day construction lien deadline?
If the 60-day preservation deadline is missed, the lien right is extinguished — it cannot be revived and cannot be registered late under any circumstances. If the lien is preserved but not perfected within the following 30 days, the preserved lien expires and is discharged from title automatically. The underlying contractual right to be paid still exists and can be pursued through an ordinary Superior Court action for breach of contract or quantum meruit — but the security of a charge on the land is gone, along with the procedural advantages of the Construction Act. Where deadlines have already been missed, we focus on the remaining remedies: breach of trust claims (which can reach directors personally and are not affected by the expiry of lien rights), prompt payment and adjudication, contract claims, and payment bond claims on public projects.
The Property Counsel Standard
“When payment stops on a construction project, what you need first is clarity — what your rights are, what your deadlines are, and what to do today.”
Real estate law, only
We litigate exclusively in real estate — our knowledge of the law and the market is focused and current.
We act quickly
Real estate disputes are time-sensitive. We move without delay to protect your legal position from day one.
Direct access to your lawyer
Your file is handled by a licensed lawyer from start to finish — not a paralegal or junior clerk.
Transparent on cost
We discuss fees before we start. You know what you are committing to before the work begins.
Need to file or fight a lien?
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Disclaimer: The content on this page is for general information purposes only and does not constitute legal advice. Reading this page does not create a lawyer-client relationship. For advice specific to your situation, contact Property Counsel or your own legal counsel. Property Counsel makes no representations as to the accuracy, completeness, or currency of the information provided. Content reflects the law as of its publication date and may not reflect subsequent legal developments.