Although construction lien proceedings do not extend the same rights as ordinary proceedings, the Construction Act allows claimants to demand information pursuant to Section 39. The Act extends a similar fact-finding ability to Owners/Contractors/other Defendants through a cross-examination of the lien claimant on the contents of their lien by way of Section 40.
The purpose of a construction lien is to provide statutory protections to contractors and subcontractors for the services and materials they supply to subject properties. That being said – these protections are not cheap. In order to address these costs and allow “Access to Justice,” the Construction Act affords specific remedies to allow smaller lien claimants to either assign, piggy-back, or bundle up their lien.
