Standard language in letters of credit: Implications for lien security in construction projects TruGrp Inc. v. Karmina Holdings Inc., 2024 ONSC 2165
Construction industry participants may be familiar with the process of vacating construction liens preserved under the Construction Act[1] by posting security with the Accountant of the Superior Court of Justice (the “Accountant”) in the form of a letter of credit […]
Construction Law Compendium
As part of its annual conference on October 5, 2023, Miller Thomson’s Construction Law Group has compiled a collection of insightful texts on the topics discussed at the event. Download the French PDF (6.6 mb) The English version of this […]
Interim construction adjudication: A high bar for review
The Construction Act was amended effective 2019 to include “prompt payment” requirements and a regime for the interim resolution of payment disputes that may arise during a project through a fast and informal “interim adjudication” process.[1] An adjudicator’s determination is […]
The Construction Act: Prompt Payment and the Concept of Proper Invoice – Getting Organized
On December 12, 2017, the Construction Lien Amendment Act, 2017 became law and Ontario’s Construction Lien Act was re-named the Construction Act (the “Act”). While certain changes under the Act came into force on July 1, 2018, including the amendments […]
The Construction Act: Construction Lien Actions in the Small Claims Court
On December 12, 2017, the Construction Lien Amendment Act, 2017 received Royal Assent. The Construction Lien Act became the Construction Act (the “Act”). Under the Act, effective July 1, 2018 and subject to the Act’s grandfathering rules, construction lien claims […]
