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The most common way to reduce or even eliminate mechanic's lien risk is through the use of lien waivers. A lien waiver is a private agreement in which a party surrenders the right to file a lien in exchange for payment.
A non-residential project participant has 90 days from the date the labor or materials were last provided to the property. The lien must also be served to the property owner within 10 business days from the date that the lien was recorded.
Steps to avoid a lien Before making any partial or final payment to your contractor, ask for a Release of Lien and Affidavit (or Partial Release of Lien and Affidavit). These will either indicate that the contractor has paid all laborers or list out who is still owed money and how much.
What Is a Mechanics' (Construction) Lien? When a contractor files a mechanics' (construction) lien on your home, the lien makes your home into what's called security for an outstanding debt, which the contractor claims is due and unpaid for services or materials.
Expired mechanic's liens will not disappear from the clerk. It must be cancelled by the contractor or subcontractor when it's paid. Even if the contractor simply decides not to pursue the lien claim, it must be cancelled in order to release the lien on the property.
The filing of a Residential Lien Claim is a two step process. BOTH STEPS MUST BE COMPLETED WITHIN 120 DAYS. Within 60 days of the last furnishing of labor or materials, a lien claimant must file a Notice of Unpaid Balance along with a demand for arbitration.
In Alberta, for example, your lien is valid for 180 days from the date the lien was placed. In Ontario, liens are only valid for 90 days from the date of last on site working.