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Construction Law & Liens

Construction Law & Liens

Construction law is a body of law that deals with matters relating to building construction. It affects owners, contractors, subcontractors, developers, architects, builders, engineers, planners and workers and financial institutions.

It may involve the following topics

  • contract law – drafting and reviewing contracts and tender documents
  • construction claims
  • tendering
  • negligence
  • subcontract issues
  • insurance and performance security
  • liens and other security interests.

Mechanics Liens (more recently called Builders or Construction Liens)

In Canada a contractor can get some security to assure that he or she will be paid for his or her work on a project. An unpaid contractor on a private project can go to the city or county and record a mechanic's lien against the property to which it provided labor, service, materials or equipment. The mechanic's lien makes the property security for the debt owed to the contractor. Then, if the project owner still does not pay, the contractor can file a complaint requesting that a court enter judgment and order a foreclosure sale of the property so that the debt can be paid from the sale proceeds.

Look no further for knowledgeable construction law advice than our firm’s leading specialist, Americo Fernandes, who has acted for many of the major builders. He and his team are able to act for you in the above matters and lend you their legal expertise in this specialized area of law.

Americo can represent you whether you are a plaintiff or defendant or seeking mediation or arbitration in these matters.


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