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Construction Law — Buzi Law

Construction Law

Deadlines under the Construction Act do not move.

Overview

Liens, holdback, prompt payment, adjudication, contracts and delay claims.

Construction disputes run on a clock. Lien rights expire, holdback obligations are fixed, and the prompt payment regime under Ontario's Construction Act imposes deadlines that do not care how busy the project is. We act for owners, contractors, subcontractors and suppliers — and the first conversation is always about what date you are up against.

Construction Law
Construction LawBuzi Law · Ontario

When to call

Any of these apply?

If one of these is true, the conversation is worth having now rather than after the next step is taken.

  • You have not been paid and the project is ongoing
  • A lien has been registered against your property
  • You received a notice of non-payment
  • Holdback is being withheld past substantial performance
  • A subcontract has been put in front of you to sign
  • You think a lien deadline may be close

What we handle

The work, specifically.

01

Construction liens

Preserving, perfecting and enforcing liens — and discharging liens registered against your title.

02

Holdback

Statutory and contractual holdback: how much, how long, and when it can properly be released.

03

Prompt payment

Proper invoices, notices of non-payment, and the timelines the Act imposes on each party in the chain.

04

Adjudication

Interim adjudication of payment disputes — fast, binding on an interim basis, and increasingly the main event.

05

Contracts and subcontracts

Reviewing and negotiating terms before signing, where the risk is actually allocated.

06

Delay and deficiency claims

Claims for delay, disruption, extras and defective work, on either side of the ledger.

Who we act for

The people on this file.

01

Owners and developers

Discharging liens, managing holdback correctly, and responding to adjudication notices.

02

Contractors and subcontractors

Preserving and perfecting liens, prompt payment notices, and claims for delay and extras.

03

Suppliers

Recovering payment for materials supplied to an improvement, where lien rights are often the strongest leverage.

How it runs

From first call to closed file.

01

Establish the date

The first question in every construction file is what deadline is running and when it expires. Everything else follows from that.

02

Preserve and perfect

Registering the lien within the statutory period and commencing the action to perfect it — the two steps most often missed.

03

Prompt payment and adjudication

Proper invoices, notices of non-payment within the prescribed timelines, and adjudication where the dispute is about money owed now.

04

Resolve

Negotiation, security posted to vacate a lien, or trial — with the commercial reality of the project kept in view throughout.

Fees

What this costs

Construction files are quoted per stage: lien preservation, perfection, adjudication, action. Because these matters run on statutory deadlines, the first call is short, urgent and free — we will tell you what date you are up against before any retainer is discussed.

Get a written estimate

Questions

Answered plainly.

Ontario's Construction Act sets strict preservation and perfection periods that run from defined trigger events, and they were changed by the reforms — which period applies can depend on when the contract was entered into. Miss the date and the lien right is gone. Call before you assume you have time.

A fast statutory process for resolving payment disputes during a project rather than years later. A determination is binding on an interim basis and must be complied with, which has changed the leverage in payment disputes considerably.

It can be discharged or vacated, commonly by posting security into court. There are also grounds to challenge a lien that is exaggerated or invalid. Either way it clouds title until dealt with, so it should not be left.

The subcontract decides who carries the risk on delay, changes, payment timing and dispute resolution. Reviewing it takes hours. Litigating what it means takes months.

It is a defined point under the Construction Act, published in a construction trade newspaper, that starts key timelines including the release of holdback and certain lien periods. Getting the date wrong — or missing that it was published — is a common and expensive error.

Yes. Suppliers of materials to an improvement have lien rights in Ontario. The rights are subject to the same strict preservation and perfection periods as everyone else's, so the timing question is the same one.

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Speak with a lawyer

Tell us what happened.
We will tell you where you stand.

A short conversation costs nothing and usually saves a great deal. You will get a straight answer about whether you have a matter, what it is likely to involve, and what it will cost.