The team at Construct Legal has a jar for paying quarters when we say certain phrases that will not be posted on LinkedIn.

The Construction Act (formerly the Construction Lien Act) is part of the daily reality for many who work in Ontario’s construction industry. The Act is important legislation because it governs payments, holdbacks, liens, substantial performance, adjudications, trusts, and more.

In their podcast, #Lawntreprenuers Faren Bogach and Dan Fridmar talk about building the brands of Construct Legal (Canada) and Fridmar Professional Corporation. They talk about names, brand, logo and so much more.

On January 15, 2024, the City of Greater Sudbury (“Sudbury”) filed a lawsuit against two unknown persons and several Canadian banks to freeze and recover $1.5 million stolen during a December 21, 2023 spear phishing scam. The incident arose from an invoice payment to new general contractor Flex Modular of the Lorraine Street Transitional Housing project that is delivering 40 units of affordable housing in Sudbury.

Sometimes in our lives, we all have pain

We all have sorrow

But if we exercise our rights

We might get paid tomorrow

Lien on me….

Courts are delayed. The health of the economy is uncertain. Companies are looking for options to get paid quickly. Some of those options might be arbitration and adjudication.

Ledore Investments v. Dixin Construction¹ is the first decision where an adjudication determination was set aside and remitted back to the adjudicator. The Divisional Court found that the parties did not have an opportunity to make submissions on the determinative issue, resulting in a breach of procedural fairness.

Are you bored of your true crime podcast? Do you have about 10 minutes to learn more about running a law practice?

If you work as a contractor or subcontractor on a construction project involving the federal government of Canada, you should know that the new Federal Prompt Payment for Construction Work Act (the “Act”) may apply to you. The Act recently came into force on December 9, 2023 and offers prompt payment timelines and an adjudication procedure that previously did not exist at the federal level.

Two years ago today, Construct Legal officially opened! Things are a little different two years later as we have grown to a team of 7 legal professionals. 

Construct Legal is excited to announce our webinar Jack of All Trades: Are Owners Responsible for Safety for Everyone and Everything on a Project? on Friday, January 19, 2024 at 10:00 AM EST.

Faren Bogach (LLB’07) is founder and lawyer at Construct Legal in Toronto. She started as a commercial litigator before finding construction and infrastructure law. “I founded Construct Legal to focus on client outcomes instead of the billable hour,” she says.

Key Takeaway

An owner may have the responsibilities (and corresponding liabilities in the event of an accident) of an “employer” under Ontario’s Occupational Health and Safety Act (“OHSA”), even when the owner has retained a contractor to perform the actual work. This can be true even where the owner does not have direct control of the work, but this element of control may be relevant to the owner’s “due diligence” to argue that it took all reasonable steps in the circumstances.

In the recent decision of On Point Ltd. v Conseil des Écoles Catholiques du Centre Est et al., the Ontario Superior Court of Justice held that portable school classrooms (or “portables”) can constitute improvements within the meaning of the Construction Act.

As we approach our second anniversary, we are thankful that you are part of our firm’s foundation.

If you are a party in a construction dispute and your contract includes an arbitration clause, the Ontario Superior Court of Justice decision of Bombino v Serendipity Homes (“Bombino”) suggests that you should not wait to enforce the arbitration clause.1

The case law on construction dispute interim adjudications in Ontario continues to develop. In the recent case of Arad Incorporated v Rejali et al (“Arad”),¹ the court provided helpful guidance to the construction and legal industries about how an adjudicator’s determination may be treated by the court as evidence.

Eating lunch at your desk on June 21?

Faren Bogach has been nominated for Canadian Lawyers Top 25 most influential lawyers of 2023 in the Changemaker category.

If you do, or have other questions about a career in construction law, come listen to Paul Conrod who is one of the speakers at the OBA program Career Paths in Construction. There is an all-star line up of current and former lawyers who practice(d) in construction.