The appellant, a plumbing subcontractor, registered general liens against two home development projects after the general contractor went bankrupt.
The general contractor's contracts with the owners stipulated that liens would arise and expire on a lot-by-lot basis.
The motion judge and Divisional Court discharged the general liens, holding that section 20(2) of the Construction Lien Act precludes a subcontractor from claiming a general lien when the main contract contains a lot-by-lot restriction.
The Court of Appeal affirmed this interpretation, finding that a subcontractor's right to a general lien flows from the main contract.
The Court also declined to apply the curative provisions of section 6 or treat the liens as excessive under section 35.
