Site visits can play an important part in construction arbitration, allowing the tribunal to gain a clearer understanding of the works in dispute. However, agreeing the terms of a site visit can be a contentious process...more
On 9 July 2024, the Supreme Court unanimously held that collateral warranties deriving from or reflective of the primary building contract, and merely promising continued construction, are not generally considered agreements...more
An article considering the Supreme Court’s decision in Abbey Healthcare, which decided that a typically worded collateral warranty is not a construction contract for the purposes of the Housing Grants, Construction and...more
Notice of adjudication – how important is that? Included in a number of jurisdictional challenges to an adjudication award was a claim that the notice of adjudication was defective, in not complying with the...more
The enactment of prompt payment and fast-track adjudication legislation across Canada has created some uncertainty regarding the finality of an adjudicator's decision. In the recent decision of the Ontario Superior Court of...more
Prompt payment arrived for Ontario's construction industry October 1, 2019. The final stage of implementation of the changes introduced the Construction Lien Amendment Act, 2017, came into force on October 1, 2019. Subject to...more
In December 2017, the Ontario Legislature passed the Construction Lien Amendment Act, 2017 (the "Act"). The Act introduces significant changes to Ontario’s construction lien regime and is intended to reduce delays in...more
Expedited Construction Adjudication: A Better Process for Resolution of Performance Bond Disputes - For the sake of the parties and the construction project, it would be ideal if major contested construction disputes,...more