A Reference to Deference – The Court Weighs in on a Consultant’s Findings

The consultant plays an important role in any construction project. The consultant is obligated to fulfill its role in impartial manner, even though a contractor or owner may not always agree with the consultant’s determinations. If that happens, it’s important to understand how the Court treats a consultant’s findings when a dispute arises and the […] Read More

When Calculating Lien Periods, it’s Convenient to be Prevenient

By: Catriona Otto-Johnston and Kendra Heinz Are you out of time to register your lien? It depends! Under section 41 of the Builders’ Lien Act (the “BLA”) a lien must be registered within 45 days (or 90 days for an oil or gas well or well site) after the last day services or materials are […] Read More

Mitigate Before you Litigate: Recovering Damages for Renovations Gone Wrong

By: Catriona Otto-Johnston and Chloe Mathioudakis The Court will not always resolve a construction contract dispute against a contractor who clearly provided deficient work.  If you have been wronged by a residential renovation that’s gone off the rails, or if you’re a contractor and a client is refusing to pay based on this premise, it […] Read More

Unilaterally amending payment terms by conduct alone…Nice try!

By: Catriona Otto-Johnston and Rob Watson As a contractor, you might find yourself in a situation where the method for calculating payment originally agreed to in the contract becomes unworkable with the actual project scope or existing work-site conditions. Perhaps it would be beneficial to you if the contract contained different payment terms. While a […] Read More

Time is Tickin’ — Limitation Periods and Your Lien

Contributors: Catriona Otto-Johnston & Kendra Heinz You’ve registered a lien; now what? You have to preserve (and prove) your lien. The Builders’ Lien Act (the “BLA”) is rife with limitation periods, many of which, if missed, could jeopardize your lien. However, recent case law suggests that in certain circumstances, failure to meet one or more […] Read More
September 20, 2017

Tips & Traps – Partial Payment from the 10% Holdback

By Catriona Otto-Johnston and Rob Watson Setting the lien fund can be a complicated and drawn out process. As a subcontractor lienholder, you may find you are standing idly by for payment while the owner and the GC fight amongst themselves. Can you receive partial payment for your work before the lien fund is finalized? […] Read More

Things Left Unsaid – Determining Price Adjustment resulting from Scope Changes

By Matthew Turzansky and Catriona Otto-Johnston

It’s common for the parties to a construction contract to focus on the price of the work to be performed.  Less attention is often given to the method of calculating changes to the price for alterations to the scope of work.  Uncertainty in this area can lead to a major [...] Read More

“A rose by any other name? Not so!”: The critical role of “improvement” in the Builders’ Lien Act

Contributors: Sharn Mashiana (articling student), Andrew Wilkinson and Catriona Otto-Johnston

Do you know if the nature of your construction work on a project allows you to register a valid builders’ lien? You might be surprised to hear that not all types of work give rise to lien rights. In order for you to register a [...] Read More

Estimates: How Important Are They Really?

Ever found yourself in a situation where you have provided an estimate for your services, but felt uncertain if you underquoted your client? Maybe you didn’t have all the necessary information? Maybe your client requested additional work or changes to the work as the project progressed? Either way, will you be able to collect payment […] Read More

Summary Judgment: Shortcut to Payment?

By Catriona Otto-Johnston and Sheena Campbell

Trial dates are years away. The cost of full-blown litigation is foreboding. You can’t afford to wait years to be paid for your hard work on construction jobs. Are there options to obtain judgment for your claims without the delay and expense of a full trial? Field Law thinks [...] Read More