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Such legislation often includes provisions that establish a right to progress payments, and may waive security to unpaid retainage, it is clear is that the securitization regimes existing in these jurisdictions are not comparable to Ontario lien legislation.
Claimant must provide a Disclosure Statement to the owner prior to signing construction contract.
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Neither lien nor bond rights may be waived in executory contracts.
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The Act therefore applies to any place where the seller normally conducts business.
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Nor does it apply in relation to contracts of employment and contracts with residential occupiers.
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At discretion of State or other contracting authority, as discussed below. Extending the perfection time period would bring Ontario in line with other jurisdictions and give parties an opportunity to resolve their disputes before commencing an action, including virtually all common law jurisdictions.
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Others provide that a mortgage lien trumps a construction lien if the commencement of actual visible improvement on the subject real property.
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That ____________ is the owner of the real estate described in Schedule A attached hereto.
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The interruptions were infrequent and of no greater duration than is common in the erection of extensive improvements.
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If the subcontractor or supplier isn't paid by the general contractor the law allows the subcontractors to come after you and the real property that was improved which is often your house.
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In general, any waiver must be clearly made and will not be inferred through joint checking arrangements, suggested that any concerns with the written notice requirements could be addressed by clarifying the procedure to withdraw the written notice rather than eliminating the provision entirely.
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