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Can I enforce a lien for not getting payed as a subcontractor?

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Posted by: from Toronto
3/2/2015 at 8:57:53 PM

Job is done but GC doesn't wont to pay. Can I enforce a lien?

REPLIES (5)
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Date/Time3/2/2015 at 10:15:24 PM

Yes you can. It has to be done within 40 days of you completing the work. That's for MB. I'm not sure about the rest of Canada.

http://web2.gov.mb.ca/laws/statutes/ccsm/b091e.php

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Date/Time3/2/2015 at 11:03:50 PM

Yes, after 45 days of substantial completion and lien needs to be perfected 45 days after placed on the property.

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Date/Time3/2/2015 at 11:52:11 PM

Yes Victor, you must register the lien.

I'm afraid I can't give you the number of days you have to do it, As I have good sub contractors, and always pay them within two days of the completion of there work.

I am assuming the quality of you work is good.

I would also sue the General Contractor. It seems there lies your problem.

Good luck with it.

I am assuming your work was good though.

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Geovanni from Madera Projects in Surrey
Date/Time3/3/2015 at 3:12:41 AM

Yes, you definitely can, after 40-45 days. Disappointing news to hear something like this happened and I wish you all the best, and hope you get your money.

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Date/Time3/4/2015 at 2:16:39 PM

Hi Victor,

Yes you certainly can, as can your employees if you don't pay them.

To clarify, it must be filed BEFORE the 45 calendar day period is up. That means from when you last performed substantial work on the job site. Just showing up does not extend your lien rights.

Once you have filed the lien against the property as is permitted under the Construction Lien Act you must "perfect" the lien within the next 45 calendar days. It could well be the next day if you wish.

Perfecting the lien simply means that you must initiate an action in Superior Court within that time frame. If you do not, the lien will expire (and you will have just wasted money).

Please note that a lien is a legal method for securing a debt owed to you after performing work for which you had an agreement to be paid and were not.

Be prepared to show proof to support your claim.

Best of luck.

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