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Can contractor put a lien on my house?

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Posted by: from Regina
10/16/2016 at 10:47:41 AM

Contractor hired and worked for 4 days. He wants 5 grand and hasn't been back in 8 months. Can he put a lien my house? Curious on my options.

REPLIES (8)
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Date/Time10/16/2016 at 12:03:20 PM

Yes he can.

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Date/Time10/16/2016 at 1:23:31 PM

If he has left the site for over 60 days he gives up his lien rights. If he does put a lien on, you can pay the amount into court and then he has to prove he has done the work and you didn`t pay. The judge will be in your favor if it ever goes to court. If you don`t plan on selling in the near future then it will just stay on title. It would cost him thousands to try and collect on the lien.

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Date/Time10/16/2016 at 3:00:42 PM

No. Lien rights are 39 days from substantial completion.

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Date/Time10/16/2016 at 3:47:43 PM

A lien is just a complaint that money could be owing. It does not prove that money is owing but the contractor can lien if the contractor thinks so. But, ultimately, they have to prove they are owed or the lien disappears.

A lien will not effect you unless you are selling or refinancing. Assuming you are not, then the lien is an expensive thing to prove. You would be able to have another contractor to solve the problem and can get quotes as to whether what you paid was fair or not.

A lien is not getting him paid. He has still to prove the work was done and that money is owed. That is an expensive court case for the contractor.

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David from Cusa Contracting in Angus
Date/Time10/17/2016 at 8:45:02 AM

Hi,

Did he finish the work in the four days? If you paid him what he completed I don't think he can put lien on your house.

Is their any contracts signed if not he has no proof. I would talk to the contractor in a civil matter. Iif that does not work file at small claims court and take the contractor to court.

Hope that helps.

Thank you

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Date/Time10/24/2016 at 12:31:15 PM

In Alberta any trade has the right to place a lien on a property if he/she has not paid for the work. This lien must be registered within 45 days of the last time the trade conducted work, or had material delivered to that specific job site. After this 45 days the right to place a lien is no longer.

Each of the provinces appear to have their own lien period duration, but I don't believe any of the provinces would allow a lien to be placed after 8 months.

I hope this helps.

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Date/Time10/28/2016 at 11:23:48 AM

It's 45 days since last and "final" invoice, he can email invoice today and put a lien tomorrow. Nobody asks for proof in Ontario.

He will loose in court but that can take a very long time, can be postponed twice.

But again back to your quesrion: can he put a lien? YES!

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Scott in Regina
Date/Time10/28/2016 at 8:50:10 PM

He still has to install a new panel in both the garage and the house. Needs to wire the new garage and a bunch of other odds and ends. Trench from the back alley to garage and the to house.

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