Can a Construction Worker Take Back Their Materials and Tools If They Haven't Been Paid?

Non-payment is a common issue in the construction industry. When invoices go unpaid, frustration escalates quickly, and many workers ask the same question: can I take back my materials or tools if I have not been paid?

The answer in Ontario depends on what is being taken, who owns it, and whether it has already been incorporated into the project. Acting without understanding the legal framework can expose a worker or contractor to serious legal risk, even if payment is legitimately owed.

The Key Legal Distinction Ownership Matters

Ontario law draws a clear distinction between tools and materials, and between items that remain personal property versus those that have become part of the construction project.

Before taking any action, it is critical to determine:

• Whether the item is personally owned or contractually transferred

• Whether the item has been incorporated into the improvement

• What the contract says about ownership and payment

• Whether statutory construction remedies apply

Failure to assess these factors can turn a payment dispute into a legal liability.

Taking Back Personal Tools

In most cases, tools that belong personally to a worker or contractor remain their property.

Examples include:

• Hand tools

• Power tools

• Equipment brought to site for temporary use

If these tools are clearly owned by the worker and not sold, leased, or transferred under the contract, they can generally be removed from the site, provided access is lawful.

However, even with personal tools, workers must be careful not to:

• Trespass on private property

• Breach site access rules

• Remove tools in a way that causes damage or disruption

If access to the site is restricted or disputed, self-help can still lead to legal consequences.

Materials Are Treated Very Differently

Construction materials are subject to stricter rules.

Once materials are delivered to a project and especially once they are installed or incorporated into the work, ownership often transfers or becomes legally complicated. Removing them without consent can expose the worker or contractor to claims of conversion, trespass, or property damage.

Examples of incorporated materials include:

• Lumber used in framing

• Drywall, flooring, or fixtures installed on site

• Electrical or plumbing components integrated into the building

Once materials form part of the improvement, removing them is generally not permitted, even if payment has not been made.

Why Self-Help Remedies Are Risky

Taking back materials without legal authority is considered a form of self-help. Ontario courts generally discourage self-help remedies in construction disputes.

Risks include:

• Allegations of property damage

• Claims for delay or disruption

• Breach of contract allegations

• Loss of lien rights

• Exposure to legal action even where payment is owed

Even where non-payment is clear, improper removal can undermine a legitimate claim.

What the Construction Act Allows Instead

Ontario’s Construction Act provides specific legal remedies for unpaid work. These remedies are designed to protect contractors, subcontractors, and workers without resorting to risky self-help actions.

Key remedies include:

• Construction liens for unpaid services or materials

• Prompt payment provisions• Adjudication for payment disputes

• Trust protections for construction funds

A construction lien allows a claimant to secure unpaid amounts against the property itself. This is often the most effective and legally protected way to respond to non-payment.

However, lien rights are time-sensitive and subject to strict procedural requirements. Missing deadlines can permanently eliminate this protection.

What Contracts Often Say About Materials and Ownership

Many construction contracts include clauses that address when ownership of materials transfers. Some agreements state that ownership passes upon delivery.

Others tie ownership to payment milestones.

Without reviewing the contract, it is impossible to know whether materials can legally be reclaimed. Even then, statutory rules under the Construction Act may override contractual language in certain situations.

This is why legal review is essential before taking action.

When Removal May Be Permitted

In limited circumstances, removal may be possible if:

• Materials have not been installed

• Ownership has not transferred under the contract

• Removal does not damage the project

• The contract expressly permits recovery

Even in these cases, legal advice should be obtained first. Acting unilaterally can still create exposure.

Practical and Legal Alternatives to Taking Materials

Rather than removing materials, unpaid workers and contractors should consider safer, legally recognized options:

• Issuing formal payment demands

• Preserving and registering a construction lien

• Initiating prompt payment adjudication

• Suspending work where permitted by contract and law

• Negotiating payment plans or settlement

These approaches protect rights without escalating risk.

Why Legal Advice Matters in Payment Disputes

Construction payment disputes are governed by a complex intersection of contract law and statute. What feels fair or reasonable may still be legally prohibited.

A lawyer can help by:

• Reviewing the contract and ownership provisions

• Assessing lien and adjudication eligibility

• Advising on timelines and procedural requirements

• Preventing actions that could compromise claims

• Structuring an effective recovery strategy

Early legal guidance often preserves leverage and avoids costly mistakes.

Book a Consultation

If you are a construction worker, subcontractor, or contractor facing non-payment, a consultation can help determine what actions are legally permitted and which remedies best protect your interests.

By choosing to Book a Consultation, you can review your contract, assess lien rights, and develop a strategy to pursue payment without exposing yourself to unnecessary legal risk.