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Right To Lien Notice

Right To Lien Notice Template for Canada

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Key Requirements PROMPT example:

Right To Lien Notice

"I need a Right to Lien Notice for a subcontractor who provided electrical installation services valued at $125,000 for a commercial building project in Ontario, with the last supply of services on March 15, 2025, and payment is now 45 days overdue."

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Document background
The Right to Lien Notice is a crucial document in Canadian construction law that protects the financial interests of contractors, subcontractors, and suppliers who have provided work or materials to a construction project. This document must be issued within strict timeframes specified by provincial legislation, typically ranging from 45 to 60 days after the last supply of services or materials. The notice serves as a preliminary step before filing a construction lien and is particularly important in larger projects where payment chains can be complex. It includes detailed information about the project, parties involved, work performed, and amounts claimed. The document helps prevent the expiry of lien rights and often promotes prompt resolution of payment disputes. Requirements vary by province, with Quebec having distinct requirements under its Civil Code.
Suggested Sections

1. Project Identification: Details of the construction project including address, legal description of the property, and project name

2. Claimant Information: Full legal name and contact information of the party giving notice of their right to lien

3. Owner Information: Full legal name and contact information of the property owner(s)

4. Contract Details: Information about the contract or agreement under which work was performed or materials were supplied

5. Services/Materials Description: Detailed description of work performed or materials supplied that form the basis of the potential lien

6. Financial Information: Amount claimed, including any outstanding payments and due dates

7. Date of Last Supply: The date when services or materials were last supplied to the project

8. Notice Statement: Formal statement of intention to preserve lien rights as required by applicable provincial legislation

Optional Sections

1. General Contractor Information: Details of the general contractor if the claimant is a subcontractor - required when work was performed under a subcontract

2. Certification of Accuracy: Sworn statement regarding the accuracy of the information - required in some provinces

3. Prior Lien Notice Reference: Reference to any previous lien notices filed - needed when this is a follow-up notice

4. Payment History: Detailed breakdown of payments received and outstanding - useful in complex payment disputes

5. Interest Claim: Statement of intention to claim interest on unpaid amounts - optional depending on contract terms

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the property including lot numbers, plan numbers, and PIN

2. Schedule B - Work Detail: Itemized list of services performed or materials supplied with dates and values

3. Schedule C - Payment History: Detailed record of all payments received and outstanding amounts

4. Appendix 1 - Supporting Documents: Copies of relevant contracts, purchase orders, or delivery tickets

5. Appendix 2 - Project Timeline: Timeline showing key dates of service/material supply and payment due dates

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Property

Industrial Construction

Government Construction

Mining

Oil and Gas

Healthcare Construction

Relevant Teams

Legal

Construction Management

Finance

Accounts Receivable

Procurement

Risk Management

Project Management

Compliance

Contract Administration

Credit Control

Relevant Roles

Construction Project Manager

Contract Administrator

Legal Counsel

Construction Site Supervisor

Procurement Manager

Claims Manager

Credit Manager

Construction Accountant

Risk Manager

Compliance Officer

Construction Lawyer

Project Coordinator

Chief Financial Officer

Accounts Receivable Manager

Industries
Construction Act (Ontario): Primary legislation governing construction liens in Ontario, including requirements for preservation and perfection of liens, holdback obligations, and notice requirements
Builders' Lien Act (British Columbia): Governs construction liens in British Columbia, including registration requirements, time limits, and holdback provisions
Civil Code of Quebec: Governs legal hypothecs (construction liens) in Quebec, with distinct requirements and procedures from common law provinces
Builders' Lien Act (Alberta): Regulates construction liens in Alberta, including registration procedures, holdback requirements, and enforcement provisions
Federal Real Property and Federal Immovables Act: Applies to construction projects on federal lands, affecting how liens are handled on federal property
Prompt Payment and Construction Lien Act (Saskatchewan): Governs construction liens and prompt payment in Saskatchewan, including notice requirements and enforcement procedures
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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