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Getting a Lien Removed

Case Study | Mar 20, 2015

The Problem

A general contractor entered into an agreement with a fencing company to build an industrial grade fence around the premises belonging to the landowner. The fence was constructed in a deficient way and the fencing company refused to correct the deficiencies. The general contractor retained a new company to correct the deficiencies. The original fencing company registered a lien on the land. The general contractor retained Lawrences to get the lien removed.

Our Approach

We immediately vacated the lien so that construction on the site could continue. Lawrences attend on an ex parte motion and through a bonding company, paid the amount of the lien into the Court. The fencing company issued a Statement of Claim; we later delivered our Statement of Defence and Counterclaim. We attended the pre-trail hearing and the trial.

The Result

The work completed by the fencing company was found to be deficient and the general contractor was not found liable for payment. Costs were awarded to the general contractor. 

© 2015 Lawrence, Lawrence, Stevenson LLP

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