How can a Subcontractor stop payments in wake of ongoing construction dispute? In realizing the fast-paced nature of the construction industry, the drafters the Construction Act, created a mechanism allowing Subcontractors to cease payment on a project without having to actually preserve a lien. Namely, a “Written Notice of Lien.”
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.
Section 67(1)(a) of the Bankruptcy and Insolvency Act (the “BIA”) establishes that the property of a bankrupt divisible among his creditors shall not comprise property held by the bankrupt in trust for any other person. This means that, monies held in trust – such as the CLA imposed trust – would not be considered as property of the bankrupt for distribution amongst creditors.