The Heavy Construction Association of Windsor is challenging a decision by the County of Essex to obtain an estimate directly from a contractor following a procurement process where no contract was awarded. Procurement processes are complex but important, especially for public projects. Parties involved in procurement should ensure they follow all processes and policies carefully. Otherwise, bidders may be excluded or, as in this case, owners may face legal action in court.

In Bennett Law Chambers Professional Corporation v. Camcentre Holdings Inc., 2022 ONCA 658, the landlord issued its tenant a notice to vacate a commercial lease on the basis that it wanted to demolish the property in order to build condos.

Preparing to serve and file a notice of motion with the Ontario Superior Court of Justice? Make sure you’re using the most up-to-date Form 37A available on the Rules of Civil Procedure Forms website (http://ontariocourtforms.on.ca/en/rules-of-civil-procedure-forms/).

The prompt payment regime under the Construction Act, requires "prompt" payment of invoices submitted by the contractor to the owner. A contractor is defined in the Construction Act as the party contracting with or employed directly by the owner or an agent of the owner to supply services or materials to an improvement. This means that a contractor includes anyone with a direct contract with the owner, for example: an architect, designer or supplier.

The triggering event for prompt payment is the contractor giving the owner a “proper invoice”, i.e. a written bill or other request for payment. After given a proper invoice, an owner is required to:

The Construction Design Alliance of Ontario (CDAO) has some interesting survey results on the adoption of prompt payment and adjudication in Ontario, including that:

• 77% of public projects;
• 53% of private projects

One of the first questions a contractor or supplier looking to lien a property needs to answer is whether the services they provided are lienable under the Construction Act. At a high-level, the Construction Act states that a person must supply materials or services to an improvement before that person is entitled to a lien.

A construction law firm holds the expertise to assist you with issues as they arise from the beginning to the end of a construction project. This includes drafting, reviewing and negotiating contracts as well as managing and litigating disputes. A construction law firm has a team to help with your questions and problems.

On November 9, 2022, @ Faren Bogach will be speaking about practicing law and being a present parent… without the sugar coating. From infertility to making partner (at 9 months pregnant), she is going to share the good, the bad and the ugly.

We are edging closer to 2023 … but before we do, it is time to review this year’s hot topics and cases in construction/infrastructure.

Join (virtually) @Faren Bogach from Construct Legal, along with @Brendan Bowles @Jay Nathwani @Marcia Oliver at this program chaired by @Lia Bruschetta and @Karen Groulx.

Are you considering adjudication for your construction dispute? The Divisional Court recently provided helpful guidance to the construction industry on the purpose and availability of adjudication. Check out our latest blog post from Paul Conrod discussing this new case!

Check out the article of @James De Melo and @Faren Bogach in this month’s edition of @Piling Canada Magazine. Our article is based on our firm’s experience with bringing and responding to adjudications. Adjudication is a fast paced dispute resolution process that can result in quick outcomes on construction projects. We help our clients navigate the adjudication process in an efficient manner. But don’t wait too long, adjudication can only take place during the project – with some more exceptions. We are happy to answer any questions that you have and to help you determine whether adjudication is right for your dispute. We are also able to assist with responses to adjudication.

Link: http://pilingcanada.ca/digital/2022/Issue5/#p=65

Link:  https://www.constructioncanada.net/gordie-howe-bridge-construction-delay-penalties/

Gordie Howe International Bridge, connecting Windsor and Detroit on the US-Canada border, is facing delays projecting its completion in April 2025, which could result in monetary penalties for the contractor, calculated against the number of days elapsed from the originally scheduled 2024-year end completion.

Join Faren Bogach and an incredible panel of women at TLA's Women in Law program focuses on #Leadership and what it means to lead with #Authenticity! This event is taking place on October 18!

Established in 2022, we specialize in construction and infrastructure law. We offer construction litigation, lien, law, contracts, and infrastructure law services.

Faren Bogach will be joining an incredible panel of Iain Thomas FCIOB, Mailys Godinat, Elmira NezamiFar MCIOB and Samantha Wadsworth to speak about diversity and women in construction. Join her at this free and in-person event at the Westin Harbour Castle on Wednesday August 24 from 12-2pm. Link to register below.

Construction liens are a type of claim in Ontario that is available to those who supply services and materials to construction projects and have not been paid for their work. Construction liens are a powerful tool because they provide the claimant with a security interest in the property on which the project is located. Liens are available to parties working on condominium projects but there are some special considerations when liening these types of projects.

I'm Faren Bogach, the proud owner of Construct Legal. I look forward to sharing my story. I hope that you will enjoy getting to know me better.

We are delighted to announce the launch of our new website!