Mar 24, 2025
Construction Liens in Ontario: Straight Talk for Contractors, Developers & Property Owners
Posted by: Domenic C.S. Presta, John V. Sestito and Matthew D. Presta
Let’s call it what it is—this is a tough time to be in construction.
Projects are slowing. Prices are volatile. And if the looming tariff war with the U.S. hits materials like steel, drywall, or lumber, Ontario’s construction ecosystem is going to feel it fast—from top-tier developers down to site-level subcontractors.
When uncertainty is high, cash flow is everything. And if you're not getting paid for work or materials you’ve already delivered, it’s not just frustrating—it’s dangerous.
That’s where construction liens come in.
This post breaks down what you need to know if you’re trying to protect your position in Ontario’s construction pyramid—without giving legal advice (because this isn’t that). We’re not here to theorize. We’re here to show you where smart operators focus, and what the best in the business are doing to safeguard their work in a market that’s shifting beneath their feet.
A construction lien is a powerful legal tool. It helps secure unpaid amounts for work or materials by creating a charge against the property itself.
But here’s the catch:
- There are deadlines. Strict ones.
- There are procedures. Technical ones.
- There are risks. Legal ones.
This isn’t something you can "Do It Yourself" (DIY) after watching a few YouTube videos.
If you’re asking how construction liens work, what you’re probably really asking is:
“How do I avoid doing $100,000 worth of work and getting ghosted at payout?”
The lien process can offer real protection—but only if it’s done right, done early, and done by people who know what they’re doing. Miss the window or misfile, and you could be permanently locked out of your own money.
What does a construction lien do?
It gets you noticed.
It sends a signal—to the owner, the lender, the other trades—that you’re not walking away quietly. That you’ve taken formal steps to enforce your rights.
But let’s be clear: it doesn’t guarantee payment. A lien creates pressure. It opens doors to negotiation, leverage, and, if necessary, litigation. It’s a tool—and like any tool, it’s only effective if wielded properly.
If you’re considering whether to file a lien or explore other recovery options, what you need isn’t just answers. You need a game plan.
How do you remove a construction lien in Ontario?
Let’s flip the script.
Say you’re a property owner or developer, and a lien just landed on your title. Suddenly, financing gets delayed. Sales get held up. Deadlines go sideways.
Removing a lien could involve:
- Negotiating a discharge,
- Paying money into court, or
- Escalating into full legal proceedings
Either way—time matters, and strategy matters more. If you’re reading this because a lien just landed, or you sense one is coming, don’t wait for it to grow teeth.
How long does a lien stay on your property in Ontario?
Liens don’t last forever. But they’re sticky.
Typically, a lien will expire unless a court action is started within a defined window—usually 90 days from the last supply of services or materials.
If the lien holder acts fast, and follows the process correctly, you could be facing a lawsuit. If they don’t, it may be removable. Either way, you need to know your exposure—and the options available to protect the value and momentum of your project.
Here’s what most people miss (and what smart operators do):
❌ They wait too long.
Deadlines under Ontario’s Construction Act are unforgiving. Waiting even one day too long can blow your claim—and there’s no second chance.
❌ They treat liens like a hammer.
Not every unpaid invoice deserves a nuclear response. Sometimes you need finesse. Knowing when and how to apply pressure is what separates smart businesses from overwhelmed ones.
❌ They don’t think long-term.
Construction liens aren’t just about payment. They’re about positioning. A well-timed lien can secure your receivables, push parties to negotiate, or unlock funding that’s been held up.
This is strategy.
This is leverage.
This is business protection, not just legal paperwork.
So what should you do?
Let’s be blunt: this isn’t something to figure out over coffee with your site manager.
Construction law in Ontario is complicated. The rules are rigid. The consequences are real.
If you're facing payment delays, lien threats, or unresolved work on a project—you don’t need guesswork. You need clarity.
At Bianchi Presta LLP, we help:
- Contractors
- Sub-trades
- Suppliers
- Developers
- Property owners
...navigate this process with focus, confidence, and 33+ years of insight behind them.
We’ve been doing this since 1993, and we’ve proudly built long-term relationships with construction professionals who know the value of a firm that speaks their language and delivers results.
This isn’t about quick wins. It’s about protecting your future.
Next Steps:
Don’t guess. Call us to book an appointment.
✅ Book a strategy call
✅ Understand your options
✅ Protect what you’ve built
📞 Call Bianchi Presta LLP today.
📍 Located in Vaughan | Serving the GTA & All of Ontario
🌐 Visit our Contact Page
About Bianchi Presta LLP
Bianchi Presta LLP is a full-service law firm based in Vaughan, Ontario, serving clients across the Greater Toronto Area and throughout Ontario. With over 33 years of experience, our team brings trusted, straight-shooting legal support to contractors, trades, developers, and property owners navigating the construction lien process. We understand your business—because we’ve been helping protect it since 1993.
Every construction project is unique. For legal guidance tailored to your specific situation, please contact our firm directly.
Disclaimer:
This article is provided for informational purposes only and does not constitute legal advice. The information presented is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act or rely on the content without seeking professional legal advice specific to their circumstances. Bianchi Presta LLP does not guarantee the accuracy, completeness, or currency of the information, and we disclaim any and all liability in respect to actions taken or not taken based on any or all of the contents of this site. For personalized advice, please consult a qualified lawyer.