June 28, 2017
With the Ontario government’s recent introduction of Bill 142 [PDF] (the Bill) — that, if passed, would significantly amend the Construction Lien Act — the Canadian construction and infrastructure sector must be cognizant of the various commercial and legal implications of such a potential major overhaul to construction law.
Based on a number of recommendations in a report commissioned by the Ontario government that was released last fall — after extensive consultations with industry stakeholders — the Bill contains several key provisions for industry participants. In addition to creating a prompt payment regime, the proposed amendments would require the mandatory adjudication of certain construction disputes, and implement various other additional amendments to modernize the Act, including changing the statute’s short title to the Construction Act.
This presentation by Richard Wong (Chair of Osler’s Construction and Infrastructure Practice Group), Roger Gillott (a partner in Osler’s Litigation Practice Group), Joel Heard (a partner in Osler’s Construction and Infrastructure Practice Group), and Jeff St. Aubin (an associate in Osler’s Construction and Infrastructure Practice Group), provides a detailed overview and analysis of how these proposed amendments would impact industry participants. Doug Wass and Mark Lawrence of Macfarlanes LLP also spoke about how the prompt payment regime in the UK compares to that which has been proposed in Ontario. This presentation also covers the following matters:
- Background and key dates leading up to the Bill
- Prompt payment regime
- Mandatory interim adjudication of construction disputes
- Adjustments for P3 projects
- Selected technical amendments to the Construction Lien Act
Slides: Major renovation -- What Ontario’s proposed Construction Act means for projects and how to prepare