The “New” Construction Act came into force in two stages – the first round on July 1, 2018 and the second on October 1, 2019. The changes are substantial and include two brand new regimes: Prompt Payment and Interim Adjudication.
- The Transition Rules – which Act applies – New or Old?
- Prompt Payment – ‘proper invoice’, mandated payment dates, Notices of Non-Payment
- Interim Adjudication–powers of Adjudicator, enforceability of decision, Authorized Nominating Authority, procedures
- Liens: new expiry dates for preservation and perfection, increase in posted security
- Holdback – mandatory release of holdback, phased and annual release of holdback, alternative form of holdback
- Bonds- mandatory bonds on Public Projects in prescribed form
- Municipalities – change in how to lien
- Changes to Certification of Substantial Performance, deferral agreements, certifying in phases or annually
- ‘capital repairs’, direct costs of extended duration, and other definition changes
- Leasehold Improvements – new liability of the Landlord
- Many other changes…
Please note the information obtained from or through this course does not constitute legal advice, but is provided as guidelines for using works for educational purposes.
As a member of the Construction Practice, Commercial Litigation Practice and Alternative Dispute Resolution Services, Anna represents all players in the industry, including owners, contractors, subcontractors, materials suppliers, owners, developers, sureties and insurers, mortgagees, trustees in bankruptcy and industry associations. She has appeared before all levels of the Ontario Courts, including the Ontario Superior Court of Justice and the Ontario Court of Appeal. Anna also assists clients with construction contract preparation and has experience handling bankruptcy and insolvency matters in the context of the construction industry.