Construction Holdback Explained: A Simple Guide for Contractors and Suppliers
Introduction Holdbacks are a central feature of Ontario’s construction payment regime and play a critical role in balancing the interests of owners, contractors, and subcontractors. While they are often viewed as a delay in payment, holdbacks are designed to protect against lien claims and ensure funds remain available to satisfy unpaid parties. For contractors, subcontractors, […]
Construction Liens Explained: A Simple Guide for Contractors and Suppliers
Construction liens are one of the most effective tools available to secure payment in the construction industry. For contractors, subcontractors, and suppliers, they provide critical leverage when payment issues arise by giving those who contribute to an improvement a claim against the property itself. In an industry where payment moves through multiple layers, that protection […]
A Case Comment On: Caledon (Town) v. 2220742 Ont. Ltd. o/a Bronte Construction, 2024 ONSC 4555 – What it means for owners, contractors, and subcontractors
A Case Comment On: Caledon (Town) v. 2220742 Ont. Ltd. o/a Bronte Construction, 2024 ONSC 4555 – What it means for owners, contractors, and subcontractors Key Takeaway The Divisional Court confirmed that a single contract can cover multiple distinct improvements, and where those improvements were first procured at different times, they can be governed by […]
Breaking Down the Walls – Forensic Schedule Analysis
Breaking Down the Walls: A Series on Construction Delay This article was co-authored by Thomas Certo of Ankura In the fast-paced world of construction, delays and disruption can pose significant challenges to project success. In this Breaking Down the Wallsseries, Gary Brummer, a partner at Margie Strub Construction Law LLP, and Jacob Lokash, an associate […]
Breaking Down the Walls – Concurrent Delay
Breaking Down the Walls: A Series on Construction Delay This article was co-authored by Thomas Certo of Ankura In the fast-paced world of construction, delays and disruption can pose significant challenges to project success. In this Breaking Down the Wallsseries, Gary Brummer, a partner at Margie Strub Construction Law LLP, and Jacob Lokash, an associate […]
Breaking Down the Walls – Disruption
Breaking Down the Walls: A Series on Construction Delay This article was co-authored by Thomas Certo of Ankura In the fast-paced world of construction, delays and disruption can pose significant challenges to project success. In this Breaking Down the Wallsseries, Gary Brummer, a partner at Margie Strub Construction Law LLP, and Jacob Lokash, an associate […]
Does a Direct Payment to Subcontractors Under Section 28 of the Construction Act Reduce Lien Security? It Depends.
Key Takeaways Reliance on a direct payment pursuant to s. 28 of the Construction Act, R.S.O. 1990, c. C.30 (the “Act”) is only valid if that payment was made to a person “having a lien”. A person does not ‘have a lien’ if their lien is expired or has otherwise been resolved by the Act. […]
Breaking Down the Walls – Delay Damages
Breaking Down the Walls: A Series on Construction Delay – Delay Damages This article was co-authored by Thomas Certo of Ankura In the fast-paced world of construction, delays can pose significant challenges to project success. In this Breaking Down the Walls series, Gary Brummer, a partner at Margie Strub Construction Law LLP, and Jacob Lokash, […]
Breaking Down the Walls – Delay Claim Basics
Breaking Down the Walls: A Series on Construction Delay – Delay Claim Basics This article was co-authored by Thomas Certo of Ankura In the fast-paced world of construction, delays can pose significant challenges to project success. In this Breaking Down the Walls series, Gary Brummer, a partner at Margie Strub Construction Law LLP, and Jacob […]