Sept. 19, 2017
The tight timelines contained in the proposed amendments to the Construction Lien Act in Ontario might pose a “challenge” for some types of projects, Osler partner Roger Gillott tells Canadian Lawyer. In her article, author Shannon Kari examines the proposed changes to the Construction Lien Act — including mandatory adjudication and prompt payment — and what they mean for the construction industry. Roger, a partner in Osler’s Litigation Practice Group who specializes in construction law, explains the implications.
“A quick adjudication of a relatively small issue can work,” Roger tells Canadian Lawyer. “For ongoing infrastructure projects, I am not sure if this fits well. It will be a challenge for the legislation.”
Roger also explains how the tighter timeline could affect the adjudication process.
“For general counsel, they are going to have to be ready along the way for any claim that might come up. The documentation will have to be carefully prepared right from the beginning of any project,” Roger tells Canadian Lawyer.
Roger also compares the adjudication process in the proposed Ontario legislation to the U.K. model, a similar system which has been in place since 1998. He tells Canadian Lawyer that the U.K. system “experienced some growing pains, but by and large it appears to be successful.”
For more information, read Shannon Kari’s article “Under construction” in Canadian Lawyer.