Focus on Real Estate - November 2011


In This Issue

1 Landlord’s and Tenant’s Liability for Improvements under the Construction Lien Act

2 Reasonable Wear and Tear: Why You Should Care

3 Are You Charging Too Much Interest?

4 Recent Highlights for the National Real Estate Group at FMC

5 Seven New Lawyers Join the Real Estate Group

6 Contact Us

Excerpt from: Landlord’s and Tenant’s Liability for Improvements under the Construction Lien Act

Many contractors assume that their work on leasehold improvements automatically gives them a right to lien the landlord’s interest as well as the tenant’s interest in the improved property. In many cases, however, the landlord’s interest in the leasehold premises that has been improved by the contractor’s work, cannot properly be the subject of a construction lien, even where that landlord has provided a “leasehold improvement allowance” absent facts that support a finding that the landlord is the statutory “Owner” as defined under the Construction Lien Act, R.S.O. 1990 c. C.30. (the “Act”).

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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