Recent changes have come and will continue to be implemented in construction law into 2019. Those in the construction industry should be aware about what those changes are, and what they mean for business.
We deal with small to mid-size construction firms and homeowners who must litigate in order to either receive payment for work carried out, or make claims for incomplete work and deficient work. Most of our claims are realized through breach of contract assertions, unjust enrichment claims, and deficient work. We can register, file and perfect Construction Liens on your behalf to secure your position against a delinquent client. Knowing the timelines for filing is crucial. You have 45 days from the last date of work that was done to the property, or material delivered to the property to file a lien against a home or business. Please contact us for immediate attention, by filling out the form below if you would like more information on registering a construction lien. A member from our team will assist you as soon as practicable.
We also advise and assist contractors with the creation of construction contracts, contracts for sub-contractors and suppliers, and advise on the legal requirements of companies to ensure they are in compliance with City of Toronto By-Laws, and Ontario laws.
If you want to discuss your matter with us to get an appreciation of whether or not your rights have been violated either as a homeowner, builder or contractor, contact us today for an appointment. We can go over the issues with you and strive to come with a plan to advocate on your behalf.
Because building your dream house shouldn't become a nightmare...
One of the problems I consistently find with clients is that there has been a communication breakdown between builder and homeowner because they were each on separate pages. Communication is key in every contract, and service arrangement, however, it is instrumental in construction contracts, because more than is often the case, the homeowner takes a proactive approach to their project and has a vision they want to see realized. Ensuring that their vision is included in the quoted/contract price is the key, and much of the time, there is a communication breakdown in what is included, and what is deemed extra or what is an upgrade.
Contractors and homeowners alike should be mindful of the following:
The Consumer Protection Act, R.S.O., c. C18, 2002 and the importance of written contracts, for future performance agreements that set out the scope of the work, delivery dates of the work, start and end dates (where reasonably possible to determine) and cost.
The Construction Lien Act, and the changes that are being implemented to create milestone payments dictated in accordance with the legislation for which penalties against delinquent clients will be enforceable, and, new measures to aid in the mediation and arbitration of construction disputes to avoid costly litigation. Also, the new Act, will permit cases involving registered liens to be heard in the Small Claims Court, something that the Construction Lien Act did not permit.
If you'd like more information on how to navigate a complicated legal issue or breach of contract, please contact us for a tailored and strategic advocacy plan built on efficient legal reasoning, and cost effective solutions.
For Builders and Contractors
Under the new Construction Act to be implemented in full force in the fall of 2019, legislated for payment schemes and timetables will ensure that businesses are getting paid for the work that they are outputting. Business owners should not have to be a credit facility for a homeowner's construction dream. At the same time, it is incumbent on the contractors to ensure that the monies received by the homeowners match up with the output in the work.
It is also important that businesses know and understand their obligations under the Consumer Protection Act and the Ontario Building Code. In certain situations, there is also a requirement to register with the Ministry of Labour if you are going to be doing projects that entail a specific type of work, or for an amount that exceeds $50,000.00. Knowing your rights and obligations in the law is imperative for a builder, in order to protect his or her business, and also ensure that if there is a breakdown in the contractual relationship, the business has done its due diligence to secure itself and the homeowner's safety protections.
Would you like a free appraisal of your case? Please fill out the form to your right and a member of our team will contact you to speak about your case.
If you would like to set up a design build contract, employment contract, commercial or residential construction contract, sub-contractor agreement, please contact us. We offer a flat fee service for contract drafting to serve your needs, with an upfront cost quoted to you at the outset. Please fill out this form and submit with your query, and a member of our team will contact you regarding your submission with a quote on the cost. For contracts we typically charge a flat fee/block fee to make it affordable to clients with no hidden expenses and costs.
Are you faced with a claim by your contractor for unpaid work? Contact us to discuss your case and discuss options on how to proceed.
Are you faced with deficiencies as a result of shoddy work by a contractor? Contact us for an appraisal of your case and to discuss the law with you.
A homeowner should consider the following when hiring a construction company:
1. Is the company licensed and insured? By licensed we mean are they licensed for the specific trade that they are to be carrying out by the requisite regulatory body, such as the ESA for example for electricians? Also, is the company licensed by the municipality within which it services its customers?
2. Has a written quote been provided to you? Has an estimate been provided to you? Do you have a contract? Do you have change orders for the situation where extras may arise? Do you have references? Have you done your research on the company?
These are important considerations to think about prior to contracting a business for renovations.
Know the difference in law between an estimate and a quote. In law, a quote is legally binding, whereas an estimate may not be legally binding.
Contact us by filling out the form below for a quick response on what you can do if you are faced with problems between yourself and the contractor. Often, mitigating and attempting to settle can be in your best interest instead of litigating. We can assist you in that mediation process to ensure that all parties abide by the law and fulfill their obligations.