Building Differently, Liening Differently? – Lien Rights and Modular Prefabricated Construction

Ken Lancastle of the Mechanical Contractors Association of Canada, and Jason Annibale and Yu-Meng Fang of McMillan, consider when modular prefabricated construction attracts lien rights, explaining that lienability depends on factors including delivery to the project site, customization, integration with the land, the parties’ intentions and whether the work enhances the property, while noting that protection for modules remaining entirely off-site remains unsettled.

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