Can I “contract out of” the Construction Lien Act by including a provision in my contract with my contractor that it doesn’t apply to me or the project?

Generally, no.  You can put whatever you want (that the other party will agree to) into your contract but that doesn’t necessarily mean that it will be enforceable.   Sections 4 and 5(1) of the Construction Lien Act, when read together, make it pretty much impossible to get out of, or around, the Construction Lien Act.  That said, while you can’t contract out of the Construction Lien Act, you can, as I like to say, contract “on top of” it.  What I mean by this is that, depending on what you want to accomplish, you can sometimes include provisions that add to the parties’ rights or obligations without falling out of conformity with the Construction Lien Act.

Posted in: Ontario Construction Lien Act FAQs