Does a Direct Payment to Subcontractors Under Section 28 of the Construction Act Reduce Lien Security? It Depends.

Key Takeaways Reliance on a direct payment pursuant to s. 28 of the Construction Act, R.S.O. 1990, c. C.30 (the “Act”) is only valid if that payment was made to a person “having a lien”. A person does not ‘have a lien’ if their lien is expired or has otherwise been resolved by the Act. […]