Trust construction lien matters to an experienced real estate lawyer

Laws related to construction liens are highly technical and often very unforgiving. They demand the expertise of a qualified and experienced real estate lawyer like Tarunjeet Gujral. Here are five situations that call for the expertise of Gujral Law Professional Corporation in Mississauga, Ontario:

1 – Registering the lien

This legal claim to a property’s title is only enforceable if it is properly registered at a land registry office. Well-versed in real estate practice, Tarunjeet Gujral understands the technical aspects of the lien process. He understands the deadlines and the necessary information and processes for preparing and filing the lien document. While you are automatically entitled to the lien the moment services or materials are first supplied to projects, there are formal steps required to legally secure your claim. The registration process also ensures that your claim will have priority over other interests or creditors. This helps to ensure any payments due to you are recovered. Once registered, the property’s title is officially “encumbered,” meaning the owner cannot sell or refinance until the lien is resolved. Think of it as an important safety net that prevents the owner from ignoring the debt and also creates a sense of urgency, because they cannot sell or transfer the property until the lien is satisfied. 

2 – Perfecting the lien 

The term “perfecting” in this context refers to commencing formal court proceedings to enforce the claim. While registering the lien is all about preserving and securing it, perfecting the lien involves moving forward with a lawsuit. The lien moves into the legal system for enforcement. There are specific steps involved with this process, of course, including registering a Certificate of Action on the property title. When the registered lien is perfected properly, it keeps a lien that would otherwise expire valid. 

3 – Mediation and Alternative Dispute Resolution 

Many civil and commercial matters can be successfully resolved without going through costly and time-consuming legal proceedings. As appropriate, Tarunjeet Gujral provides mediation and ADR services as an alternative to litigation. This process can help to reach a settlement and resolve payment disputes. It may even help contractors, suppliers, laborers, and other professionals retain valuable relationships with property owners, developers, and other clients. 

4 – Defend against a lien 

Tarunjeet Gujral is also a skilled litigator. He has experience representing both property owners and contractors. If an exaggerated or invalid lien is placed on your property, we have the knowledge to properly navigate the process, including filing a Statement of Defence. There are short windows to file, so it is important to start the process right away. We can also help you clear the lien quickly if a title must be cleared to sell or refinance the property. 

5 – Complex projects

Skilled real estate lawyers are also essential for large commercial projects that span many contractors or subcontractors. These situations can add complexity to the process and often involve numerous parties and higher stakes. To avoid potential legal pitfalls, it is critical to enlist a lawyer who can ensure that documentation is correct and prevent invalid or improper liens that could lead to financial ruin. 

You have worked too hard to build your nest egg. Whether you are a contractor registering a lien or a property owner contesting it, Gujral Law Professional Corporation can preserve your finances, credit, assets, and reputation with trusted real estate law expertise and guidance. Phone (647) 957-8077 to discuss your situation with a member of our team in Mississauga, ON today.