Photo by: Sonja Langfod via Unsplash
Your eligibility to file a builders' lien has one major factor – timeline. The builders’ lien (also known as construction liens or mechanic’s liens) filing timelines, as set by each province, govern your ability to file a builder’s lien. From the moment you finish working on a project, it is essential for you to keep proper track of your lien filing deadline. NOTE: It is important to remember that your lien timeline is calculated from the last date you were on site providing work, services, labour, etc. or from the last date you supplied materials to a project. The date of your last invoice does not count toward your lien timeline. Deficiency work also does not extend your lien rights.
Once you are past your builder’s lien deadline, you cannot extend it.
Each province has different timelines to file a lien, outlined in their corresponding provincial acts – Builders' Lien Act, Builder’s lien Act, Mechanic’s Lien Act, etc. It can be difficult to keep track of the different rules and timelines for every province.
To make it easy for you we have created our Lien Calculator. Our lien calculator helps track your lien timeline and calculate the last day you are eligible to file a builders’ lien. Use the calculator by simply selecting the province where the work was performed and inputting your last day on site. Our calculator will generate the details and timeline for your lien. The calculator will determine how many days you have been off site and provide you with the exact date you must file a builder’s lien in order to preserve your lien rights.
If you are still within your lien period (deadline to file has not passed) you are eligible to file a lien. Lien filing is another tool in your collections toolkit. Not all situations will benefit from filing a lien. Feel free to contact one of our knowledgeable staff for a consultation if you are unsure of your lien deadline or to discuss your situation.