Can subcontractor’s lien rights expire on a subcontract-by-subcontract basis?

By Riccardo Del Vecchio, Michael Fazzari and Graeme Kitt ( October 24, 2024, 2:20 PM EDT) -- In Prasher Steel Ltd. v. Pre-Eng Contracting Ltd., [2024] O.J. No. 3856, the Divisional Court addressed several issues on appeal, focusing on the distinctions between “contracts” and “subcontracts” as defined by the Construction Lien Act, RSO 1990, c. C.30 (the Act), with respect to deadlines for preserving and perfecting lien claims. The court examined whether, under s. 31(3) of the Act, subcontractor liens ought to be preserved on a subcontract-by-subcontract basis when a subcontractor has performed work under multiple subcontracts for the same contractor on the same improvement....