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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.
We 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:
Once 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:
Any 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:
When 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:
Whether 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:
As 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:
We handle complex mergers and acquisitions on behalf of our clients:
Whether 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:
We 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:
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.
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.
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