Missed the Lien Deadline in Ontario? What You Can Still Do

Ontario β€” Construction ActFor trades, subs & suppliersReviewed October 2026

Missed the lien deadline? You’re probably not out of options.

The lien is the loudest tool in the box, so people think it’s the only one. It isn’t. Here’s what is usually still open after the lien window closes β€” and how to tell which applies to you.

1Check you really missed it2Trust claim3Bond or adjudication4Sue for the debt
Read this first – Every route below has its own clock, and some of them are running right now. If real money is at stake, read this page today and talk to a lawyer this week.

First, make sure you’ve actually missed it

A surprising number of people who think the lien is dead are wrong in one direction or the other. Check these before you give up on it β€” or before you assume you’ve got more time than you do:

  • Which rules apply? Contracts signed, or procurements started, before July 1, 2018 run on the old Construction Lien Act and its shorter clock. Everything since runs on the current Act.
  • What was your real last day? The clock usually runs from your last day of actual work or delivery. Coming back to fix a deficiency, or to pick up your tools, normally doesn’t move it. But if you did more real work later than you think β€” work you invoiced β€” the date may be later.
  • Was a certificate of substantial performance published? Publication on a trade news site can start the clock for everyone who supplied before it, whether they saw it or not. It can also mean work you did afterwards has its own, separate lien.
  • Is it public land? On municipal and provincial jobs the claim for lien is served on the municipal clerk or the ministry instead of being registered on title. On federal land there is no lien at all β€” look for a payment bond.

The details are on how to register a construction lien. If you’re anywhere close, call a lawyer today rather than reading further.

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
35-page PDF · download right after checkout
Get the handbook — $29.99
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
Emailed within 2 business days
Get my review — $99.99
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
Independent lawyer · billed by the lawyer, not us
Ask for a lawyer referral
✓ 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’s usually still open

Often the strongest

A trust claim

Money paid to your customer for this job was trust money for the trades. If it was spent elsewhere, the company β€” and possibly its directors personally β€” can be liable. No lien needed.

Public and some private jobs

A payment bond

Big public jobs must carry one. It pays trades when the contractor doesn’t, and its notice window is longer than a lien’s.

If you’re inside 90 days

Adjudication

A fast, paper-based decision on what you’re owed. The window is 90 days after completion or your last supply.

Almost always

A claim for the debt

Small Claims Court up to $50,000, or the Superior Court above that. Generally two years to start.

The trust claim β€” the one most trades never hear about

Under the Construction Act, money a contractor receives β€” or is owed β€” for your job is held in trust for everyone who supplied work and materials to it, until they’re paid. Using that money for another job, for overhead, for the bank or for the owners themselves is a breach of trust.

Three things make it powerful. It doesn’t depend on a lien, so it survives an expired one. The directors and anyone who controls the company can be personally liable if they knew, or ought to have known, what was going on. And since January 2026 it can be combined with a lien claim in one action. The full picture is on construction trust claims.

The payment bond nobody mentioned

A labour and material payment bond is a kind of insurance that pays trades and suppliers when the contractor doesn’t. A public contract over $500,000 must have one. Private jobs sometimes do too β€” and nobody thinks to ask.

  • Ask the owner and the GC, in writing: β€œIs there a labour and material payment bond on this project, and who is the surety?” A section 39 request has to disclose it.
  • The standard Ontario bond form gives written notice to the surety within 120 days of your last supply β€” for holdback, 120 days after you should have been paid β€” and a lawsuit within one year of the contractor’s last work. Read the actual bond, because private bonds use their own wording.
  • Since January 2026, lower-tier trades can recover under the standard bond without having preserved a lien.
One sub found the bond two years too late – It had asked only the GC for information. The owner had the bond. Send your questions to both.

Adjudication β€” if you’re still inside 90 days

Since January 1, 2026, you can start an adjudication up to 90 days after the contract is completed, abandoned or terminated. For a sub, the 90 days can run from your own last supply. An adjudicator decides in about a month once your documents are in, and the other side has 15 days to pay. Fees and the honest small-claim math are on construction adjudication.

Suing for the debt

Whatever happens to the lien, the contract debt is still there. You generally have two years from when you knew you had a claim. Small Claims Court handles claims up to $50,000, it costs $108 to file, and you don’t need a lawyer. The catch is collecting once you win β€” read Small Claims for unpaid construction invoices before you file.

The clock that keeps running while you talk

Here’s the trap. You’re negotiating in good faith, they keep promising a cheque, and the two-year limitation clock keeps running the whole time. Talking doesn’t stop it.

What does help: a clear, written, signed acknowledgment of a specific amount owed, made before the limitation runs out, restarts the clock. An Ontario court has accepted an email for this. So ask them to confirm the balance in writing. If they do, you’ve bought yourself time. If they won’t, that tells you something too.

Questions trades ask

I missed the lien deadline. Do I have anything left?

Often, yes: a trust claim (including against directors personally), a court claim for the debt, a payment bond claim if one exists, and possibly adjudication.

How long do I have to sue for an unpaid invoice?

Generally two years from when you knew or ought to have known you had a claim, under the Limitations Act, 2002. A contract can sometimes shorten that.

How long do I have to claim on a payment bond?

Under the standard Ontario bond (Form 31): written notice to the surety within 120 days of your last supply β€” for holdback, 120 days after you should have been paid β€” and a lawsuit within one year of the contractor's last work. Read the actual bond.

How long does a trust claim last?

It runs on the ordinary limitation clock, and one court started it when the claimant learned the payer had received the money. That isn't fully settled β€” don't sit on it.

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 β€” confirm them with an Ontario construction lawyer before you rely on them. Read the Construction Act on ontario.ca.

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
35-page PDF · download right after checkout
Get the handbook — $29.99
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
Emailed within 2 business days
Get my review — $99.99
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
Independent lawyer · billed by the lawyer, not us
Ask for a lawyer referral
✓ 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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