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Construction Litigation Lawyers
Exceptional Legal Support for Intricate Legal Challenges
Construction litigation in Ontario is a complex and multifaceted area of law that involves disputes arising from construction projects. The law governing construction litigation in Ontario is mainly derived from common law principles, as well as statutes such as the Construction Lien Act, the Construction Act, and the Limitations Act. These statutes provide a mechanism for contractors, subcontractors, and material suppliers to secure payment for work or materials provided to a construction project and set out time limits for the commencement of legal proceedings.One of the most common types of construction disputes is contract disputes. These disputes often arise from a failure to perform or comply with the terms of the construction contract, such as a failure to pay, a failure to complete the work on time, or a failure to comply with the specifications. In such cases, the parties may seek to resolve the dispute through negotiation, mediation, or arbitration, or they may seek a court order for specific performance or damages.However, in addition to statue and law knowledge, construction litigation is a separate area of Civil Litigation that follows its specific Civil Procedure rules. Each Ontario Court has its own practice guidance rules to follow when dealing with Construction Disputes, and, although, these are somehow similar; there are still minor differences pertaining to each jurisdiction.
CONSTRUCTION LITIGATION LEGAL HELP
Litigation And Independent Legal AdvicePlaintiff & Defence CounselInjunctions, Applications & AppealsTrials, Discoveries And Mandatory MediationsStay Proceedings, Motions, & Summary JudgementsArbitration, Mediation & EnforcementsLegal Challenges in Construction Disputes
Constructions LiensWe understand that sometimes obtaining payment on projects already performed on construction sites can be very difficult. There are times when you are not paid as a contractor and would like to enforce your rights. We work with all kinds of contractors on all kinds of projects to registry and perfect liens. Our goal is to obtain a settlement that is satisfactory to our clients that see them getting paid:
- Default proceedings, Settlement meetings, Setting liens for Trials
- Adjudication, Lien preservation, Arbitration
- Registering and Perfecting Construction Liens
- Early release of holdback
Enforcement of court ordersOnce trials have been completed and costs are awarded or default judgments are obtained, the next step would be to obtaining what has been awarded. This will often involve conducting examinations inside of execution to find out if the debtor has the ability to pay the judgment. At this stage, we often ask questions about the debtor's income, assets, and liabilities in order to assess if the debtor has the ability to pay. Orders can be sought and obtained that would see accounts frozen. Contact us today if you would like to speak with a lawyer:
- Default Judgement and Motion to Set Aside Default Judgement
- Dealings with Sheriff and Bailiffs
- Liens, Certificate of Pending Litigation, Cautions
Contract Law and Breaches of contractAny breach of a contractual obligation could result in a claim for damages. Whether it is a case of non-performance or interference with another party's performance, our Toronto civil litigation team of lawyers can offer clear legal advice and can handle civil litigation pertaining to all types of contractual disputes and contract claims, such as:
- Commercial Contracts & Unjust Enrichment
- Unfair dealings, Bad faith, and Breach of Fiduciary duty
- Breach of Trust, Conspiracy, & Misrepresentation
- Non-performance, Injunctions or Enforcement
Corporate & Commercial LitigationWhen business relationships go south or become complicated, we work closely to handle all issues related to such, while mitigating public exposure and reducing the damages, in order to ensure that the business keeps operating:
- Applications, Injunctions, Arbitration & Mediation Proceedings, Plaintiff and Defence Legal Counsel
- Mergers & Acquisitions, Business Sale, Winding Down, & Receivership
- Corporate Restructuring, Appointing Inspector, Corporate Investigations
- Corporate Governance, Shareholder Relationships & Dividends issues
- Rights and Remedies of Shareholders and Stakeholders
Real Estate LitigationWhether you are the defendant or the plaintiff in a real estate purchase and/or sale dispute, or having issues related to the title, boundary and/or easements connected to your property, or require an acute legal counsel to represent you in a Sale & Partition proceedings - our savvy lawyers have all the necessary and the required expertise to handle such cases. The best way to start resolving your real estate litigation matter is to consult our lawyers immediately and learn about your legal options:
- Purchase and Sale Disputes, incl. Deposit Forfeiture
- Boundary, Title & Easements disputes
- Partition Proceedings
- Commercial Real Estate Disputes, incl. Leases
Legal Paperwork, Reviews, and InjunctionsAs part of our bespoke legal services, the ME Law specialist advisers and civil litigation lawyers are always here to answer your questions related to a variety of legal proceedings, maximizing your chances of a successful result. Someone from our legal team will assess your needs, options, and goals, then closely work with you and help through every step of the way. Do not hesitate to reach out if you need legal guidance related to:
- Independent Legal Advice and Document Reviews
- Demand Letters, Assistance with the Affidavit preparations, Letters to the Parties of the Dispute
Mergers & AcquisitionsWe handle complex mergers and acquisitions on behalf of our clients:
- Letters of Intent (LOI)
- Sales & Purchases of Businesses and Assets
- Due Diligence and Preparation of Closing Documents
Disputes with Shareholders and DirectorsWhether you are a buyer, seller or are part of a residential or commercial development project and want to enforce your lien rights or a dispute has arisen over an executed contract, give us a call today and one of our lawyers would be able to assist you:
- Construction Disputes
- Contractual Disputes
- Acquisitions, Investments & Commercial Leasing
- Co-Ownerships & Joint Ventures
- Residential and Commercial Development
Debt RecoveryWe help you recover debt that is owed to you and help you decide on whether to sue for the debt outstanding by considering several factors:
- Claim for Debt
- Claim for Interest
- Injunctions
TESTIMONIALS
Our experience with May exceeded our expectations of a lawyer!It was unbelievable!!
She’s truly compassionate and passionate about her clients. We trust her with our life!!!May THANK YOU for being You! We are so grateful!You are our lawyer for life!!!!!
We are so lucky to know and work with May, ME Law Professional. She is so nice, professional and got everything done so fast and amazing even though our case was difficult.
I had the pleasure of working with May on a very difficult matter. She made me feel heard and understood. I can't thank you enough May and your team for your help and understanding.
OUR APPROACH
During the Lawyer Consultation, you can provide us with a brief overview of the issues you are facing, and we will discuss the next steps on how we can proceed.
We require a signed Retainer Agreement to authorize us to work on your matter, clarifying and confirming all the terms of our engagement between the parties.
Whether pre-litigation steps are available in your circumstances or we need to move directly into litigation, we will advise you of all the options on the table. This way, you can choose the most optimal avenue for your circumstances.
We've got your back, so don't worry. We will contact you when we need your input because we want you to focus on your life. Let us work on getting results for you.
CONSTRUCTION LITIGATION
The CLA, which was first enacted in 1983 and later amended in 2018, is the primary legislation governing construction liens in Ontario. The CLA provides a mechanism for contractors, subcontractors, and material suppliers to secure payment for work or materials provided to a construction project. Under the CLA, a lien can be filed against the property where the work was performed or the materials were supplied, and the lien will remain in place until the claim is resolved or the lien is discharged.The CA, which was enacted in 2019, replaces the former Construction Lien Act and is designed to improve the construction payment process in Ontario. The Act establishes a new construction payment regime, which includes a new prompt payment and adjudication process, as well as a new construction contract and trust provisions. The Act also sets out a new notice regime for construction liens, which requires claimants to provide notice of their claim to the property owner, the contractor, and the lender, among others.The Limitations Act is a provincial statute that sets out time limits for the commencement of legal proceedings. In construction litigation, the limitation period for most claims is two years from the date of the occurrence of the event giving rise to the claim. However, there are certain exceptions to this rule, such as for latent defects, which may have a longer limitation period.
FREQUENTLY ASKED QUESTIONS
Our Fees depend on your specific situation. Book an initial consultation to evaluate your case. We will then determine the complexity and the amount of work that needs to be done, any other factors that might influence your particular situation. We discuss with you payment options such an hourly rate fee or block fee following that.
After our initial consultation over the phone, we schedule an appointment at our office where we discuss in detail your legal issue. We try to contact you promptly and immediately, if necessary, in order to keep you engaged throughout the whole process.
Our office is conveniently located in the heart of downtown Toronto, right across from Royal Ontario Museum (ROM). The closest subway stations are either St.George or Bay/Yonge/Bloor or Museum stations. There is a municipal parking lot in the back of the building. After our initial consultation over the phone, we will make an appointment and discuss all your matters confidentially at our office.
While we are happy to assist with your matter, we cannot begin working until we have been fully retained on your matter. This includes both your signing of our retainer letter, confirming that you are hiring us as your lawyer and outlining the terms of our relationship, and payment of our retainer fees which we will need to begin work. We will not be your lawyers and will not be able to assist you until both of those steps have been completed.
You can book an initial consultation and we can start handling your case. Your situation is not unique, most likely there were similar cases before, and this is where we can, as professionals with prior experience, step in to advise you on the best course of action to take and/or solution to your problem. Remember you have rights too and not just obligations, so no need to panic. Contact a professional to deal with your case in those stressful times.
Yes, we would be glad to assist with a limited scope retainer.
Articles about Construction Litigation
- Common Causes of Construction Disputes
- Navigating Contractual Disputes in Construction Projects
- Understanding Construction Defect Claims
- Resolving Payment Disputes in the Construction Industry
- The Impact of Delays on Construction Projects
- Addressing Design Errors in Construction Litigation
- Alternative Dispute Resolution Methods in Construction Disputes
- Strategies for Mediation in Construction Disputes
- Legal Implications of Construction Liens
- The Role of Expert Witnesses in Construction Litigation
- Environmental Concerns in Construction Projects
- Insurance Coverage Issues in Construction Claims
- Managing Scope Creep in Construction Contracts
- Construction Dispute Resolution: Arbitration vs. Litigation
- Contractual Risk Allocation in Construction Agreements
- Adjudication in Construction: An Overview
- Construction Project Termination: Legal Considerations
- Contractor and Subcontractor Disputes: Legal Remedies
- Legal Aspects of Construction Safety Violations
- The Evolving Landscape of Construction Mediation
- Construction Litigation Trends and Case Studies
CONTACT US
Whether you are facing a serious legal dispute, your rights have been violated, or you’ve just been hit with a legal claim, it is time to reach out to ME Law. Here, at ME Law, we act as an independent, unbiased third party who can view your situation through a legal framework, explain any legal risks you may be facing, and then guide you on the best path towards resolution or handle your legal matter for you from start to finish.
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You can rely on us when you need us the most