Home>Levelset Community>Legal Help>Can you file a lien that is equivalent of a lien in Canada? We are a California based company and our customer is in Ontario Canada. The customer paid for the materials, however, they are refusing to pay for the Engineering services. What are our options?
Can you file a lien that is equivalent of a lien in Canada? We are a California based company and our customer is in Ontario Canada. The customer paid for the materials, however, they are refusing to pay for the Engineering services. What are our options?
We have a customer in Canada that is refusing to pay for the Engineering Services portion of the Contract, which the President of the company signed. What are our options in filing a document that is an equivalent to a lien in Canada?
May 18, 2018
That's a great question. Canada has its own mechanics lien laws, and they're not all that different from lien laws in America. Ultimately, which lien laws apply will likely come down to what province work was provided in. Just like in the US, whether the services provided constitute lienable work will depend on the lien laws of the area where the project is located. Unfortunately, our expertise doesn't extend north of the border. At first blush, it doesn't look like there's a service that has compiled Canadian lien laws or that provides a question-and-answer service on Canadian construction law, either. Your best bet to move forward may be to consult a Canadian construction law attorney in the province where the project is located. They will be able to provide information on that province's lien laws and help decide how to move forward.
As Matt pointed out, the mechanics lien laws that apply depend on the state or province where the project is located. For the purposes of filing a mechanics lien, the location of the contractor is irrelevant. A mechanics lien attaches to the property itself, not to the contractor or even property owner, who might reside out of state.
If the contractor is based in Ontario, but the project took place in California, follow California's mechanics lien requirements.
Sep 3, 2020
Levelset needs to start processing in Canada for their customers!!! ;)
I hate using the other agency that I need to use for projects north of the border!
Apr 2, 2021
Can I ask who you use North of the Border? We also use Levelset for our US project but are having trouble locating a solution for our Canada clients.
Sep 20, 2021
I would also like to know who you use for Canadian jobs.