Lien of person who performs work or provides material
(a)
does, or causes to be done any work upon or in respect of an improvement, or
(b)
furnishes any material to be used in an improvement,
for an owner, contractor or sub-contractor has, subject as herein otherwise provided, a lien for wages or for the price of the work or material, as the case may be, or for so much thereof as remains owing to him, upon the estate or interest of the owner in the land in respect of which the improvement is being made, as such estate or interest exists at the time the lien arises, or at any time during its existence.
4(2)Save as herein provided, a lien does not attach so as to make the owner liable for a greater sum than that payable by the owner to the contractor.
4(3)Save as herein provided, where a lien is claimed by a person other than the contractor, it does not attach so as to make the owner liable for a greater sum than the amount owing to the contractor for whom, or for whose sub-contractor, the work has been done, or the materials have been furnished.
4(4)No claim of lien shall be filed if the amount of the claim or the aggregate of joined claims is less than one hundred dollars.
4(5)Material shall be deemed to be furnished to be used within the meaning of this Act when it is delivered either on the land upon which it is to be used, or on such land or in such place in the immediate vicinity thereof as is designated by the owner or his agent, or by the contractor or sub-contractor.
4(6)Where material furnished to be used as set out in subsection (1) is incorporated in an improvement, a lien attaches as herein provided, notwithstanding that the material may not have been delivered in strict accordance with subsection (5).
4(7)A person who rents equipment to an owner, contractor or sub-contractor for use on a contract site shall be deemed for the purposes of this Act to have performed a service for which he has a lien for the price of the rental of the equipment used on the contract site, limited, however, in amount to the sum justly owed and due to the person entitled to the lien from the owner, contractor or sub-contractor in respect of the rental of the equipment.
R.S., c.142, s.3; 1965, c.27, s.4; 1981, c.40, s.2