Missing Construction Lien Deadlines Can Cost You Your Claim
Construction lien deadlines are some of the most unforgiving timelines in Ontario construction law, and for contractors, subcontractors, and suppliers, missing them can seriously hinder your ability to be paid.
At Gionet Fairley Wood LLP, we regularly meet with contractors across Barrie, Simcoe County, and Muskoka who assumed they had more time than the law actually allows. The Ontario Construction Act sets out a strict sixty (60) day window to preserve a lien, and once that window closes, it cannot be reopened.
Learn how the deadlines work, what triggers the clock, and what you need to do to protect your right to payment.
How Construction Lien Deadlines Work
A construction lien gives contractors, subcontractors, and material suppliers a legal claim against the property they provided an improvement to when they have not been paid for their labour or materials. It is one of the strongest tools available under Ontario law for collecting unpaid invoices, because it attaches directly to the title of the property rather than relying only on a lawsuit against the person who owes the money.
The Ontario Construction Act gives you exactly sixty (60) days from a specific triggering event to register that claim, and the courts apply this limit with little leniency for contractors who miss it by even a day.
When Does the Sixty Day Clock Actually Start
The sixty (60) day period does not begin on a date you choose. It begins on whichever of three events happens first. That event might be the last day you supplied services or materials to the project, the date a certificate of substantial performance is published for the contract, or the date the contract is completed, abandoned, or terminated.
Because the clock starts on whichever of these happens earliest, it does not always line up with the day you consider the project finished. A certificate of substantial performance can be published while you are still working on a smaller portion of the job, which means the sixty days may already be running before you realize it. Keeping track of project milestones, even ones outside your own scope of work, is part of protecting your right to be paid.
What It Means to Preserve a Lien
Preserving a lien means registering a claim for lien against the title of the property within the sixty day window described above. This is a formal legal document, and it has to be filed correctly and on time with the relevant land registry office. Working with a construction lawyer at this point is essential to your claim.
There is no flexibility built into this deadline. Courts in Ontario have consistently held that the sixty day limit cannot be extended, regardless of how reasonable the excuse for missing it might sound. Contractors who wait until the final days of the window often run into unexpected complications, such as a delay in finding a lawyer, confusion about the correct legal description of the property, or simple processing time at the registry office.
Starting the process well before the deadline gives you room to correct any of these issues before it is too late.
The Next Deadline Is Perfecting the Lien
Registering the claim for lien only preserves your right to pursue payment. It does not, by itself, get you paid. The next step, called perfecting the lien, requires starting a court action and registering a certificate of action on the title of the property. This must happen within an additional ninety (90) days after the sixty (60) day preservation period ends, giving contractors a total of one hundred and fifty (150) days from the original triggering event to complete both steps.
Missing either deadline, the sixty day preservation period or the ninety day perfection period, invalidates the lien completely. At that point, the security you had against the property disappears, and you are left pursuing payment through ordinary contract claims, which are often slower and less effective.
Quick Reference For Construction Lien Deadlines
The table below breaks down the two stages of the process and how much time you have for each one.
| Stage | Time Limit | Action Required |
|---|---|---|
| Preserve the Lien | 60 days from the triggering event | Register a claim for lien on the title of the property |
| Perfect the Lien | 90 days after the 60 day preservation period ends | Start a court action and register a certificate of action on title |
| Total Time Available | 150 days from the triggering event | Complete both preservation and perfection or the lien is lost |
Why the Deadlines Deserve Your Full Attention
Many contractors treat the lien deadline as a formality, particularly when they are still hoping to resolve payment issues directly with a client or general contractor. That approach carries real risk. Once the sixty day window closes, there is no second chance, no matter how strong your underlying claim for payment might be.
We have seen contractors with clear, well documented invoices lose their strongest legal remedy simply because they waited to see if payment would come through on its own. Acting early does not mean giving up on direct conversations about payment. It means protecting your legal position while those conversations continue.
Legal Guidance When Protecting Your Right to Payment as a Contractor in Simcoe County and Ontario
Local knowledge of land registry offices and regional project timelines can make a real difference in how quickly a claim for lien gets filed correctly. At Gionet Fairley Wood LLP, we work with contractors, subcontractors, and suppliers across the region to preserve and perfect construction liens before the deadline passes, and to build a broader strategy for recovering payment on difficult projects.
If you are approaching the end of a project, or a payment dispute is starting to look unlikely to resolve on its own, do not wait until construction lien deadlines are close to ask about your options. Reach out to our team so we can review your contract, confirm the correct triggering date for your project, and help you preserve your lien with time to spare.
We represent contractors and subcontractors throughout Barrie, Simcoe County, Muskoka, Grey Bruce County, and Ontario. Call us at 705-468-1088 or visit our website to speak with our construction law team.
The information provided in this blog is for general informational purposes only and should not be construed as legal advice. If you have legal questions, we strongly advise you to contact us.