The Hamilton Spectator

legal matters

CONSTRUCTI­ON LAW

- 1 King Street West, 10th Floor, Hamilton 905-526-9800 w w w.rossmcbrid­e.com • psullivan@rossmcbrid­e.com The advice offered in this advertoria­l column is intended for informatio­nal purposes only. Use of this column is not intended to replace or substitute

Q

I am a contractor involved mainly with home renovation­s. I have heard that there are new laws coming into force with respect to constructi­on lien claims. Is this true?

A

Although some minor amendments have been made to the Constructi­on Lien Act (CLA) over the years, the last major amendments to CLA were made in 1983. It is true a complete overhaul of the lien provisions and other related matters under the CLA have passed through the legislatur­e (Bill 142) and it is only a matter of time before the new provisions will become law.

The entire process for addressing disputes arising on a constructi­on project - big or small - have been amended. There are specific requiremen­ts for submitting ‘proper invoices’; timelines for prompt payment providing ‘proper invoices’ are submitted; and notice for disputing payment. Timelines for preserving and perfecting a lien have been amended and there is a new early mandatory dispute resolution process that involves summary arbitratio­n. These are only some of the highlights of the changes.

If you work in the constructi­on industry you should become familiar with the new changes that are anticipate­d to come into force later this year.

I would recommend all people in the constructi­on industry attend a seminar or read up on the changes or speak to a lawyer who specialize­s in constructi­on disputes as these changes are significan­t. If you don’t know the process ahead of time you will likely miss important statutory notice timelines for pursuing or disputing a claim.

With 45 lawyers and multiple practice areas the legal team at Ross & McBride LLP can assist you with just about any legal matter.

We’ve been calling Hamilton our home since 1894. We’ve watched our city grow and there’s no other place we’d rather work and play. We love our city’s spirit, genuine demeanour and it’s unabashed charm.

When you need a lawyer in your corner, we hope you’ll let us serve you with the passion, pride and profession­alism that we have become known for. Providing legal services in:

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 ??  ?? PETER SULLIVAN Constructi­on Law yer
PETER SULLIVAN Constructi­on Law yer

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