Document Readiness for Construction Adjudication

Adjudication under the Construction Act Section 13.5(1) of the Construction Act provides for six issues that are available for adjudication: Valuation of services; Payments under a contract; Disputes related to notices of non-payment; Set-off; Holdback payment; and, Non-payment of holdback. Adjudication is intended to be a rapid process that allows for quick resolutions on discrete…

Tarion COVID-19 Update

Normally, there are very strict timelines regarding the filing of warranty claims with Tarion. However, due to the current pandemic, the Ontario government has passed several new laws and regulations that suspend certain timelines. Construction Delays In the Agreement of Purchase and Sale for a new home, the builder must provide a Statement of Critical…

Limitation Period – Extended by Dispute Resolution Provisions in Construction Contracts?

Many construction contracts in Ontario provide for a tiered dispute resolution process. Often, the parties contractually agree to negotiate, mediate and then arbitrate disputes. The presumption has been that the parties have two years from the date the dispute arose to arbitrate the dispute. However, a recent case from the Ontario Court of Appeal extends…

Force Majeure Clauses in Construction

The topic of force majeure, or frustration of contract, has been talked about a lot since the beginning of the COVID-19 pandemic. Force Majeure A force majeure clause generally operates to discharge a contracting party when a supervening, sometimes extraordinary, event occurs that is beyond the control of either contracting party but that makes performance…

Construction Lawyers on How to Vacate a Construction Lien

In a construction action, when a contractor or subcontractor is owed money, they can register a construction lien on title to the property where the work was performed, or material was supplied. The Construction Lien Construction liens are preserved when the lien is registered on title to the property where the work and/or materials were…

The Construction Lien Legal Landscape – How Changes to the Act Affect You

Construction Liens in Small Claims Court Before the Amendments The new Ontario Construction Act came into effect on July 1, 2018. It was previously the Construction Lien Act. The new Act brought significant changes to the construction lien legal landscape. Previously, in order to perfect a lien claim, the claimant (a contractor or subcontractor) had…

How-To Avoid Injury this Holiday Season

As we get ready for the hustle and bustle of decorating, traveling, and gift buying, it is important to keep safety in mind to ensure the year’s festivities are not ruined by an unexpected accident. To help keep you safe this holiday season, be sure to keep the following tips in mind: Use ladders carefully:…

Construction Liens: The Basics for Homeowners

As a homeowner undertaking a renovation project on your property, you may or may not be aware that the title to your property could become encumbered by a construction lien. Construction liens can create serious problems when you want to sell or mortgage your property. They also can affect your credit rating. Construction liens are…

Get In Touch With Us

  • This field is for validation purposes and should be left unchanged.