Construction credit

Title search

Did you know that the construction industry has an advantage over other sectors of the economy? By observing certain formalities, it is possible to register a builders’/mechanics’ construction lien (legal hypothec in Québec). One of the best ways to file your lien is to conduct a title search on the project and notify your contract to all parties. Here are the steps for best protection.

Marathon’s title search provides:
  • Confirmation of the property address
  • Verification of the ownership title in land registries anywhere in Canada or the USA
  • The names, addresses, and phone numbers of all the owners
  • The name of the contact person to whom the preliminary notice is sent
  • The registered legal description of the property. If the lot has been recently submitted or divided, the former lots are indicated.
  • Information on existing mortgages, whether conventional, universal, legal or other
  • Information on disposals of capital assets, subrogations of claim or assumptions of mortgage
  • For title searches outside Québec, the registration period of the builders’/mechanics’ lien appears


Preliminary notice

  • Notice of your contract, in writing, in accordance with Section 2727 of the Civil code of Québec (or in accordance with common law procedure outside Québec)
  • Obtaining copies of the payment bond, if applicable
  • Identification of the instructing party
  • Deadline reminder to register your lien
  • Complete service for builders’/mechanics’ liens in other Canadian provinces and the USA
  • Respect of bonding requirement

Talk to your Marathon representative for more information.

Insurance bond**

This type of security is given to certain providers or subcontractors, especially for public or parapublic construction projects. It is important to ask for it as soon as construction begins. It is equally important to respect certain contractual conditions.

**Source: Deschênes Beaudoin – Avocats

Payment notice

Notices sent by registered mail to involved parties and copies to all involved to file a request for payment.

Legal support – legal hypothec 
builder’s / mechanic’s lien

When you supply goods or services or participate in the construction or renovation of an immoveable, you can publish your right to a construction lien. It is essential to respect the prescribed time period, as well as to observe certain formalities according to the laws of the jurisdiction where the merchandise was sold and installed.

Our expertise has enabled us to develop a legal network spanning North America.

Important note

The texts, opinions and information expressed or made available on the site or through links does not engage the responsibility of the authors or the Barreau du Québec. The content of the site and its links are presented for educational and informational purposes, are of a general nature and are made available without any guarantees, particularly regarding their accuracy or expiry. The user must not interpret them as being the advice of legal, fiscal or accounting experts. The information, documents and images on the site are offered “as is” according to the date posted on the page consulted. Marathon Ltd. and Deschênes Beaudoin – Avocats cannot be held responsible for the veracity of the site’s advertising content.

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