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Construction lien eligibility checklist

Collect the facts a lawyer needs to decide whether you can register a lien.

Version
2026.1
Last updated
October 24, 2026

Prepared by ArtBuild to help you organise your paperwork. It is general information, not legal advice, and it has not been reviewed by a lawyer. Check the rules for your province or territory before you act.

Part of the Unpaid Construction Payment Recovery Kit: start with its guide, and download the whole kit there.

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Prepare facts for a qualified review

This is an intake checklist for investigating a possible construction lien or, where relevant, another local security mechanism. It is not a test that returns eligible or ineligible. A completed checklist is not authorization to register a claim.

Province or territory of the improvement
Project address and legal property description if known
Owner legal name and public or private status
Residential or commercial use
Your role and party that engaged you
Contract date and amendment dates
  • Describe the labour, services or materials actually supplied and how they relate to the identified improvement.
  • Separate invoiced work, unapproved extras, interest and other claimed costs; have claim composition reviewed.
  • Identify the land interest and any special ownership circumstances, including Crown or public property.
  • Collect contract-chain records rather than assuming the direct customer owns the property.
  • Record supply dates, completion certificates, abandonment, termination and notices with their documentary sources.
  • Flag insolvency, existing proceedings and any prior security or settlement documents.

Uncertainty requiring urgent attention

If a relevant event date is disputed or missing, record all plausible dates and the evidence for each. Ask an adviser to resolve the issue promptly. Do not use the latest possible date simply because it offers more time.

Separate eligibility from procedure

Question for reviewerAnswer and source to record
Does this claimant and supply qualify?[provision, project facts and exclusions]
What property or fund is involved?[registration route or alternative process]
What starts each applicable time period?[trigger, evidence and disputed facts]
What preserves the claim?[official form, filing office and service steps]
What later enforcement is needed?[separate action, notice and deadline review]
What risks or competing proceedings matter?[insolvency, releases, wrongful claim or other restrictions]
Reviewer identity and jurisdiction
Review date and documents considered
Confirmed steps and dates supplied by reviewer
Unresolved issue and assigned action

The accompanying Lien Deadline Tracker stores separately confirmed dates. It does not calculate a legal filing period. Quebec, public property and federal projects require their own analysis; an Ontario rule must not be copied to another jurisdiction.

The sources above are research starting points, not an eligibility determination.

Before you act: this document is general information prepared by ArtBuild to help you organise facts and paperwork. It is not legal advice and has not been reviewed by a lawyer for your situation. Rules differ by province and territory and change over time. Check the official source for your project, and for deadlines, liens, court or insolvency steps, speak with a lawyer licensed where the project is located.

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ArtBuild template All of Canada

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Note what your contract says about invoices, due dates, holdback and disputes.

Version 2026.1

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