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Section 39 Requests: Find Out What Was Paid Up the Chain
Ontario — Construction Act, s.39No form neededReviewed October 2026
The one question they have to answer in 21 days.
Before you spend a dollar on a lien or a lawsuit, find out who owns the job, what’s been paid, how much holdback is sitting there, and whether there’s a payment bond. The Act makes them tell you.
1Costs nothing to send221 days to answer3Owner and GC4Damages if they don’t
What a section 39 request is — and why almost nobody uses it
Section 39 of the Construction Act lets anyone who has a lien, or who is owed money out of the construction trust, ask in writing for the key facts about a job. You don’t need to have registered anything — a lien exists from the first day you supply work or materials. There’s no form. A letter or an email will do.
They have 21 days to answer. If they don’t, or they get it wrong knowingly or carelessly, they’re liable for the damage that causes you. And a court can order them to answer, with costs on an elevated scale, without you having to start a lawsuit first. Almost nobody uses it, which is a shame, because it often settles things on its own.
Owed money on a job? Get a builder on your side.
A builder’s handbook you can download right now, a review of your own paperwork, or a lawyer when it’s lawyer’s work. Written by an Ontario builder — not legal advice.
Instant download
The Ontario Lien Handbook
$29.99
File a lien yourself — or get one off your title.
- Step by step: your deadline, the parcel register, the amount, the claim for lien
- What you can do yourself and what needs a lawyer — so you pay for less of it
- Lien on your house or job? Your real exposure, a validity checklist and 8 ways out
- 6 letters, 4 worksheets and a numbers card to tape on the wall
Most complete
Builder Payment Review
$99.99
A builder goes through your own paperwork and tells you where you stand.
- The Ontario Lien Handbook included
- Your deadlines worked out from your own dates
- Every document rated line by line: what you can prove and what you can’t
- The excuse you were given, tested against what the Act requires of them
- The amount you can defend claiming — extras, holdback, interest
- Every route ranked by what it would net you, and a 14-day plan
- A two-page brief a lawyer can quote from in one call
Deadline close?
Talk to a construction lawyer
The lawyer bills you directly
When it’s lawyer’s work, go straight to a lawyer.
- Your lien deadline is inside two weeks
- A lien or claim has been registered against you
- You want to go after the directors personally
- We point you to an independent Ontario construction lawyer — and take no referral fee
✓ Written and checked by Harvey Juric, Ontario builder since 1979✓ Current to October 2026✓ Not a law firm — we tell you when you need one
What you can ask for
From the owner or GC
The main contract
The names of the parties, the contract date and when procurement started, the contract price, the state of accounts, and a copy of any labour and material payment bond.
From the GC or a sub
Your subcontract chain
The parties and date of the subcontract, the state of accounts between them, whether the subcontract has been certified complete, and any bond a sub posted.
State of accounts
Where the money is
The price, what’s been paid, the holdback retained, the balance owing, and any amount being kept back as set-off.
From the GC
Substantial performance
The date the certificate of substantial performance was published, and where — because that date can start everyone’s lien clock.
Find the owner and the land
A lien has to name the right owner and describe the right property. Get it wrong and the lien can fail. Start with the OnLand parcel register, searched by address: $36.50 for the first page. It shows the registered owner, the mortgages, and any liens or writs already registered. Then use your section 39 request to get the owner’s details in writing from the people who know.
Is there a payment bond?
Ask for a copy in the same request. Public contracts over $500,000 must carry a labour and material payment bond, and some private jobs have one too. A bond can pay you after the lien window has closed — see missed the lien deadline.
Send it to both – One sub sent its request only to the GC, didn’t find out about the owner’s bond for two years, and lost the claim. Send your request to the owner and the GC.
Check the payer for under $50
- Ontario Business Registry — a free basic search, or an $8 profile report showing directors and status.
- Court records — the Ontario Courts Public Portal and Justice Services Online show other lawsuits against the company.
- PPSA search — shows who has security over the company’s assets, which tells you who gets paid ahead of you.
- Bankruptcy records — the federal insolvency search, $8 for up to ten records.
Warning signs: a company incorporated last year, the same directors or phone number as one that just folded, no land in its name, and a string of other claims against it.
A request you can copy
Fill in the brackets, send it to the owner and the GC by email or registered mail, and keep proof of when you sent it.
To: [Owner] and [General contractor]
Re: [Project address / PIN]
We supplied [work or materials] to the improvement at the above property and are owed [amount]. Under section 39 of the Construction Act, R.S.O. 1990, c. C.30, we request the following within 21 days:
(a) the names and addresses of the parties to the contract and the date it was entered into; (b) the contract price; (c) the state of accounts between the owner and the contractor, including amounts paid, holdback retained and the balance owing; (d) a copy of any labour and material payment bond; and (e) the date any certificate of substantial performance was published, and where.
[Your name, company, phone, email]
This is a general template you complete yourself. If a lien deadline is close, don’t wait 21 days for an answer — talk to a lawyer now.
Questions trades ask
What is a section 39 request?
A written request under the Construction Act for key information: the parties, contract price, state of accounts (paid, holdback, balance, set-offs), any payment bond, and substantial performance details.
Who can send one?
Anyone who has a lien — which arises on first supply, so nothing needs to be registered — or who is a trust beneficiary. No form is required.
How fast must they answer?
Within 21 days. Refusing or misstating makes them liable for your resulting damages, and a court can order compliance with elevated costs.
Who should I send it to?
Both the owner and the GC. One sub lost a bond claim because it asked only the GC.
How do I find out who owns the property?
Buy the parcel register through OnLand, searching by address — $36.50 for the first page.
How do I check a company before I work for it — or before I sue?
Corporate profile ($8, Ontario Business Registry), court case search, PPSA search, title search, and bankruptcy records.
Not legal advice. This is general information from an Ontario builder, current to October 2026. Your dates and rights depend on your contract and your facts — confirm them with an Ontario construction lawyer before you rely on them. Read the Construction Act on ontario.ca.
Getting paid: the full set of guides
Ready to get paid? Pick the help that fits.
Start with the handbook — it walks you through filing a lien, or fighting one, step by step. Want a builder to go through your own paperwork? The Builder Payment Review comes back within two business days.
Instant download
The Ontario Lien Handbook
$29.99
File a lien yourself — or get one off your title.
- Step by step: your deadline, the parcel register, the amount, the claim for lien
- What you can do yourself and what needs a lawyer — so you pay for less of it
- Lien on your house or job? Your real exposure, a validity checklist and 8 ways out
- 6 letters, 4 worksheets and a numbers card to tape on the wall
Most complete
Builder Payment Review
$99.99
A builder goes through your own paperwork and tells you where you stand.
- The Ontario Lien Handbook included
- Your deadlines worked out from your own dates
- Every document rated line by line: what you can prove and what you can’t
- The excuse you were given, tested against what the Act requires of them
- The amount you can defend claiming — extras, holdback, interest
- Every route ranked by what it would net you, and a 14-day plan
- A two-page brief a lawyer can quote from in one call
Deadline close?
Talk to a construction lawyer
The lawyer bills you directly
When it’s lawyer’s work, go straight to a lawyer.
- Your lien deadline is inside two weeks
- A lien or claim has been registered against you
- You want to go after the directors personally
- We point you to an independent Ontario construction lawyer — and take no referral fee
✓ Written and checked by Harvey Juric, Ontario builder since 1979✓ Current to October 2026✓ Not a law firm — we tell you when you need one
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