Our team offers experienced and informed assessment of construction disputes, and can identify your potential remedies.
Our team of commercial lawyers possesses extensive experience in representing various businesses—including construction firms, building suppliers, contractors, and sub-contractors—as well as individuals involved in construction-related disputes. Our lawyers’ knowledge of the processes involved in preserving and perfecting liens provides our clients with the informed assistance and guidance necessary to comply with the governing acts’ regulatory intricacies. As construction lien actions frequently arise in the context of broader commercial disputes—such as those involving debtor/creditor issues or breach of contract—our team of commercial litigators is able to assess and provide appropriate strategies in dealing with matters that are especially complex.
THE CONSTRUCTION ACT
On July 1, 2018, The Construction Act replaced The Construction Lien Act (1983) as the legislation governing construction disputes in the province of Ontario. The new act represents changes that a 2016 Ministry of Attorney General report recommended to reform the existing legislation. There are several key changes in the new act that address the issues of prompt payment, adjudication, the timelines governing the preservation and perfection of liens, and holdback rules. The changes regarding liens and holdbacks became effective July 1, 2018. The amendments addressing issues of prompt payment and adjudication will take effect on October 1, 2019.
The Construction Act extends the deadline for preserving a lien to 60 days—as opposed to the previous 45 days—and the period for perfecting of liens has been extended to 90 days from the previous regulation of 45 days. The extension of these deadlines is in keeping with the new act’s emphasis on providing parties additional time to use the newly established adjudication process to resolve disputes. Under the new act, payment of the holdback must be made once all liens, that could be claimed against it, have been satisfied, discharged or expired.
KNOWLEDGEABLE AND EXPERIENCED REPRESENTATION
Our team is well-acquainted with the changes implemented under the new legislation, as well as their significance in successful dispute resolution. The increased emphasis on the adjudication process underlines the importance of parties consulting with knowledgeable and experienced legal representation. In the event that deadlines for registering liens have passed, we are well-acquainted with potential alternative legal remedies, and we can guide our clients in identifying and exercising those options that may remain open to them. We have addressed lien and trust claims that have arisen from a construction lien, as well as personal legal actions involving claims against a corporation, contractor, or individual. We represent parties involved in disputes arising from both commercial and residential building projects.
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