Category Archives: Construction Law

Section 4 of the Interest Act or: When 2 x 12 = 5
Posted on: November 28th, 2018 by

It is not uncommon to see invoices or purchase orders that provide for interest on overdue accounts at a rate of 2 per cent per month with nothing written about the rate of interest per year. The assumption being that anyone with a basic facility with arithmetic understands that this means that interest is payable

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Trump’s Tariffs and Trudeau’s Countermeasures: How to Protect Yourself in the Construction Industry
Posted on: June 28th, 2018 by

Introduction

The United States government, under the administration of Donald Trump, imposed tariffs on imports of Canadian steel and aluminum at the rate of 25% and 10% respectively, effective May 31, 2018. As a countermeasure, Canada’s Department of Finance intends to impose a reciprocal surtax (or analogous trade restrictive countermeasures) on imports of steel, aluminum,

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Calculating Your Lien Amount – Do Not Overplay Your Hand
Posted on: April 16th, 2018 by

Registering a construction lien against a property is a significant remedy that immediately triggers certain obligations and responsibilities for an owner. For that reason, the Construction Lien Act, 1990, c. C. 30 places an obligation on the party that is registering the lien to ensure the lien amount is accurate and not inflated.

A recent

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Adjudication – Coming Soon to “…a Contract Near You!”
Posted on: March 18th, 2018 by

The Construction Lien Amendment Act of Ontario (Bill 142) was given Royal Assent in December 2017. Among its many changes, it will introduce an adjudication process. The effective date of the necessary regulations allowing adjudication is currently set for late 2019. By that time, whether your contract includes adjudication procedures or not, these procedures will

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Clear Statement of Intent to Lien is a Requirement When Delivering Notice of Lien
Posted on: June 21st, 2017 by

In a decision released September 30, 2016, Master Wiebe has provided clarity with respect to the requirements for a valid Written Notice of Lien pursuant to section 24 of the Construction Lien Act (the “CLA”).

Those familiar with section 24 of the CLA will know that it is a powerful tool for unpaid parties to

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No Unjust Enrichment For You!: Yorkwest Plumbing Supply Inc. v. Nortown Plumbing (1998) Ltd.
Posted on: April 4th, 2017 by

Can you join an unjust enrichment claim with your construction lien claim in the same action? The Court of Appeal thinks not, though the Divisional Court was not so categorical.

You expect a construction lien action, by its very name, to assert a contractor/subcontractor’s statutory right, under the Construction Lien Act, to relief against an

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Calculating the 45 Day Construction Lien Period: When a Lien Period Can Extend Beyond 45 Days
Posted on: October 1st, 2016 by

Court Holds 45 Day Lien Period Can Be Met Despite Subcontractor Not Being on Site For More than 45 Days Due to Scheduled Winter Shut Down

Paved With Good Intentions: Ensuring Payments Comply with CLA Trust Provisions
Posted on: January 5th, 2016 by

The decision of the Ontario Superior Court in Robert Nicholson Construction Co. v. Edgecon Construction Inc. underscores the importance of ensuring that payments by owners and contractors to their subcontractors or suppliers are made in compliance with the trust provisions of the Construction Lien Act. Payments made to a third party outside of the

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