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Registering a Lien

Case Study | Mar 20, 2015

The Problem

A construction company supplied equipment and services to homeowners as they prepared to sell their property. The construction company finished the project in accordance with the contract and rendered their invoices for the services supplied. The homeowners claimed that many of the items were not properly constructed and refused to pay the invoices. The construction company retained Lawrences to help them obtain payment.

Our Approach

We completed a land title search to verify the ownership of the property, issued a Claim for Lien against the land, and registered the lien on title at the appropriate Land Registry Office. This effectively resulted in a cloud on title that impeded the homeowners’ ability to sell their property. Later, Lawrences registered a Certificate of Action on title and issued a Statement of Claim seeking all damages associated with the non-payment of the construction company’s invoices. The homeowners submitted their Statement of Defence and later prepared an offer to settle. However, the offer was too low considering the value of work provided by the construction company. The parties attended the pretrial and the actual hearing.

The Result

The Court awarded damages exceeding the amount of the invoices, including interest charges and amounts for legal costs. The Court found the construction company had completed the project to a workmanlike standard in accordance with the original contract. 

© 2015 Lawrence, Lawrence, Stevenson LLP

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