Construction Liens

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At Field Law, our comprehensive knowledge of the Prompt Payment and Construction Lien Act is what sets us apart. This legislation is complicated, and our team is experienced with not only the registration of liens, but in litigating construction liens, whether it be proving the validity of and enforcing a lien or assisting clients in disputing liens registered against a project and holding up funding.

We have extensive experience in registering liens at Land Titles, as well as liens registered against mineral leases or other agreements at the Minister of Energy. We provide advice and assistance as to the most effective and efficient ways to deal with liens in order to maintain required cash flow while preserving statutory lien rights.

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We are pleased to answer any questions and provide assistance regarding any aspect of the construction lien process, including issues such as, who has the ability to file liens, what lands can be liened, when the lien period commences, what steps are required to preserve a lien once it is registered, taking or forcing action on a lien, or removing wrongfully registered liens from title. Whatever the situation, our lawyers are well equipped to assist you with any construction lien problems that arise.

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Faqs

  • How long does a contractor have to file a miners’ lien in the Northwest Territories or Nunavut?

    Under the Miners Lien Act, a lien must generally be filed within six months from the last day on which the work, service or material giving rise to the lien was performed, placed or provided. Enforcement proceedings must then generally be commenced within 90 days after the lien is filed. Contractors should obtain legal advice promptly because the applicable requirements and deadlines depend on the circumstances.

  • What is the difference between a miners’ lien and a builders’ lien in the Northwest Territories?

    A builders’ lien generally applies to work or materials provided in relation to an improvement to land, while a miners’ lien applies to work, services or materials provided in relation to a mine. A miners’ lien may also attach to a broader range of property, including minerals or ores produced from the mine and certain equipment and machinery. The registration and enforcement requirements also differ between the two regimes.