If you’ve worked in the construction industry for any period of time, you know how prevalent payment discrepancies are. Between project delays, rising material costs, and owners unwilling to provide payment for services performed, there’s no shortage of time-consuming obstacles standing between you and the payment you’re owed. At Cotney Canada, we recognize the myriad of challenges construction professionals face on a daily basis, including seeking compensation for their work. If you’re owed payment for performing construction services, one of your best options may be to consult a Montreal construction lawyer.
How One of Our Montreal Construction Lawyers Can Help You Receive Prompt Payment
When a construction professional is owed payment for their work, it’s crucial that he or she understands their rights in the event of nonpayment. In Québec, contractors, subcontractors, suppliers, and more are legally entitled to register what’s known as a legal construction hypothec, provided that their construction or renovation work has added value to the property and the work was requested by the owner. To effectively file a legal hypothec, you may want to partner with one of our Montreal construction lawyers who are familiar with the notices and filing deadlines.
Legal Hypothec Filing Requirements and Timeline
The procedure and timeframes for filing a legal construction hypothec may be complex and difficult to navigate. Failing to abide by the conditions described below may result in your legal hypothec being contested or cancelled. First, your hypothec must be notified and published on the land register within 30 days following completion of your work. Should this publication fail to incite your debtor to pay you, you would then have six months following the completion of your work to notify and publish on the land register a notice of the exercise of your hypothecary right.
To successfully register your legal construction hypothec and ensure you receive prompt payment for the work you performed, it is helpful to consult with a Montreal construction attorney who is knowledgeable of this procedure. He or she will help you determine whether your work is eligible for the publication of a legal construction hypothec, create your written declaration, and preserve your right to file.
Cotney Canada is By Your Side
From determining when your work on a construction project was completed with regards to the law to ensuring that your duly registered right can survive being contested by a building owner, a Montreal construction lawyer will be by your side every step of the way in making sure your legal hypothec is valid and you receive compensation for the work you performed. If you’re worried that your legal hypothec may be cancelled via judicial intervention, reach out to a member of our team today who can take the necessary steps to compile and organize evidence of the completion of work. If you’re interested in further streamlining your collection efforts and right to payment via unlimited demand letters, be sure to check out our affordable, monthly legal subscription plan model.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.