What do you think of this project?

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The owner will have to remove the liens one by one -- either by paying the individual lien amount or contesting it in court. It should have no bearing on Clark's performance one way or the other.
 
That depends though, for not everything moves forward and not everything moves forward smoothly and without issue.

Liens do not need to be punitive or with malice, but simply par for the course between two (or more) parties that provide protection for some and a clear process forward for others.
 
To provide some insight, the situation played out for us that after Clark was removed from the project, that Open Sky was responsible for all damages and penalties incurred (in our case, paying out the remainder of our contract) but we gave EllisDon the option to takeover our existing agreement with Clark for no further cost to the developer.

Everything worked out fine for us, our scope was simple and the dollar value was overall relatively inconsequential but I could imagine a lot of other subcontractors filing liens who were in the same situation but were of higher dollar value/complexity so a lot more difficult to resolve.

PS I have not been in anyway associated with this project since EllisDon was hired on so I have no idea what happened after with all subcontractors and suppliers.
 
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IanO said:
That depends though, for not everything moves forward and not everything moves forward smoothly and without issue.

Liens do not need to be punitive or with malice, but simply par for the course between two (or more) parties that provide protection for some and a clear process forward for others.
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I understand that liens aren't fully meant to be punitive. But with lenders running weekly searches for lien holders, liens on title, etc around the province. It is generally not a good sign.
 
Oilers99 said:
I understand that liens aren't fully meant to be punitive. But with lenders running weekly searches for lien holders, liens on title, etc around the province. It is generally not a good sign.
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I think you would be shocked by how many leans are out there. Back when our family company was in operation it was quite common to lean a project. (There were also a lot of Gov projects we could not lean) it ensured we got paid. this usually happened on smaller projects where we were unsure of the Prime contractor. But also on some larger projects with firms Like PCL and ED. We had a great working relationship with Clark so never had to lean their projects. the 80s and 90s you never knew if you would get paid so it was common to lean projects at the start.
 
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Perhaps Giusti will be the next GC? Is that what they do? Or are they merely the crane operators on sites?
 
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