3 ConEd learning hours
Glenn Ackerley, WeirFoulds LLP, Barristers & Solicitors.
Part 1 – Construction Lien Act
This part looks at the Construction Lien Act and outlines the purpose of the legislation, how lien legislation relates to the architect’s responsibilities, costs, claims and the lien rights of architects.
Part 2 – Implications for Architectural Practices
This part looks at the practical implications of the Construction Lien Act related to the normal administration and payment certification of standard construction contracts.
At the end of this session you will be able to:
- To prepare a diagram of the traditional ‘construction pyramid’;
- To describe who is eligible to benefit from the Construction Lien Act;
- To identify when, and how, to issue a certificate of substantial performance and a statement of completion;
- To explain when the lien period commences and expires for contractors and sub-contractors;
- To outline the process of registering a lien;
- To differentiate the following procedures:
Notice of Lien
Preservation of a Lien
Perfection of a Lien
And describe the consequences of each.
- To explain at least five actions that might be taken when a lien is claimed;
- To describe how the certification of substantial performance relates to the warranty period in a CCDC contract;
- To describe how the lien rights of an architect differ as an architect engaged as a prime consultant by the client and as a sub-consultant to the prime consultant;
- To understand the various office processes of an architectural practice that are required of the payment certifier on a construction contract related to the Construction Lien Act.