As a homeowner undertaking a renovation project on your property, you may or may not be aware that the title to your property could become encumbered by a construction lien. Construction liens can create serious problems when you want to sell or mortgage your property. They also can affect your credit rating. Construction liens are a very complex and technical area of law. These actions are governed by the Construction Lien Act and have many different requirements than any other court action. If you find yourself in a construction lien dispute, you should speak to a lawyer with experience in construction liens to help you deal with the situation and avoid any possible costs and delays.
What is a Construction Lien?
A lien is a security interest registered against the title to real property by a person who supplied labour or materials to your property. It can prevent you from selling or re-financing your property. It can also be a threat to your current mortgage, and your current mortgage may even have a provision
When a client thinks of hiring legal counsel to work on his or her behalf, thoughts of a lawyer in court objecting with conviction to everything said by the opposing party may come to mind. Hollywood movies such as The Rainmaker, A Few Good Men and many others would lead one to believe that this is “good advocacy.”
In reality, over 90% of cases in Ontario’s civil court system never make it to trial. This not only means that lawyers in Ontario have found ways to settle disputes outside of court, but it also means that lawyers across the province have suffered from a gradual decline in opportunities to be told by witnesses that they “can’t handle the truth.”
One of the tools often used to settle disputes out of court is mediation. Mediation is a consensual meeting between all of the interested parties in a dispute and a neutral third-party known as a “mediator.” The mediator is not a judge and has no power to ultimately decide or rule on the matter. Instead,