Can an Architect Lien?

Ontario architects can now lien under the amended Construction Lien Act:

When the Construction Lien Act was enacted architects and their employees were exempt from lien legislation and the holdback. The act was amended November 28, 1997 to reverse this provision and , accordingly, architects and their employees have had lien rights since that time.
You will not find mention of that portion of legislation in the Architects Act or the regulations thereunder, but you will find the relevant information in the Construction Lien Act.

Lien rights will vary from jurisdiction to jurisdiction and you must become familiar with your rights as an Architect in the places where you practice. Lien rights are important to the profession because liens can be an efective method of ensuring that your professional fees for services and products are paid promptly on each project where you work. Where lien rights for architects are not permitted, you need to look at alternative methods for protecting your rights such as working from retainers or with-holding your services, field inspections, or payment certificates.

PART III THE LIEN

Creation of lien

14. (1) A person who supplies services or materials to an improvement for an owner, contractor or subcontractor, has a lien upon the interest of the owner in the premises improved for the price of those services or materials. R.S.O. 1990, c. C.30, s. 14 (1).

Note: Subsection (1) applies to services and materials supplied by architects, holders of certificates of practice under the Architects Act and their employees under contracts made on or after November 28, 1997, and under subcontracts made under such contracts. See: 1997, c. 23, s. 4 (2).

For more information about the Ontario Construction Lien Act see: http://www.e-laws.gov.on.ca/DBLaws/Statutes/English/90c30_e.htm


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