Construction Lien Lawyers in Toronto

Protecting Your Rights Under the Ontario Construction Act

Construction projects in Ontario are governed by the Construction Act, a statutory regime that protects contractors, subcontractors, suppliers, and property owners. This framework creates significant rights and obligations that differ markedly from ordinary contract law. At Ken Wise & Associates, we represent all parties in construction lien disputes, from contractors and subcontractors seeking payment recovery to property owners and developers defending against lien claims. Our experience with construction litigation informs how we work to protect your interests.

Preserving and Perfecting Liens

Construction liens are statutory rights that arise automatically when a contractor, subcontractor, or supplier does not receive payment. However, preserving these liens requires strict adherence to statutory timelines and procedures. We advise clients on proper notice requirements and assist in registering liens on title within the strict 45-day window under Ontario law. Failure to perfect a lien can result in loss of valuable security rights.

Trust Claims and Payment Trusts

The Construction Act imposes statutory trust obligations on general contractors and property owners. Funds received for construction work must be held in trust for those performing the work. We represent parties in claims involving breach of trust obligations and misappropriation of construction funds, which carry both civil and potential criminal implications.

Prompt Payment Requirements

Ontario’s prompt payment legislation requires contractors to pay subcontractors within specified timeframes. We handle disputes involving non-compliance with payment timelines and advise on the remedies available when prompt payment obligations are breached.

Adjudication Proceedings

Construction adjudication offers a fast-track resolution process for payment disputes. We represent clients in adjudication applications and defend against adjudication claims, ensuring all procedural requirements are met and substantive arguments are effectively presented.

Holdback Obligations and Disputes

The 10% statutory holdback under the Construction Act creates complex accounting and dispute resolution issues. We advise on proper holdback retention, release procedures, and disputes over the adequacy of holdback reserves to cover deficiencies and liens.

Bonding and Bonded Claims

Performance and payment bonds provide alternative security mechanisms in construction. We handle disputes involving bond claims, bonding requirements, and enforcement of bonded security.

Multiple Perspectives, Experienced Representation

Our firm represents contractors pursuing payment, subcontractors protecting their lien rights, suppliers securing recovery for materials supplied, and property owners managing lien exposure. This broad experience allows us to anticipate and counter arguments from all perspectives. We understand that strict timelines govern construction litigation — notice periods, lien registration deadlines, and adjudication timeframes are all critical. Contact Ken Wise & Associates for experienced construction lien litigation representation.

Speak With Ken Wise

Ken Wise has practised law in Ontario for more than 40 years and appears before all levels of court in the province, as well as before administrative tribunals. The firm acts for clients throughout Toronto and the Greater Toronto Area, and works remotely with clients across Ontario.

We offer a free introductory email consultation. Send a short summary of your situation to info@kenwiseandassociates.ca and Ken will tell you, at no charge, whether he can help. You can also call (647) 288-5531.

The information on this page is general information only and is not legal advice. Contacting the firm does not create a solicitor-client relationship.