The priority of liens and mortgages under section 78 of the Construction Act.

Date: May 2022 Section 78 of the Construction Act, which discusses the priority of liens and mortgages, can be extremely confusing, especially for parties that do not deal with this section often. For example, s. 78(2) discusses the priority of liens over building mortgages. This section states, in part, that where there is a mortgage …

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