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Adjudication
Integricon Construction Inc. v. Stevens 2025 Ont SCJ
Construction contract called for draws to be made at various milestones. The 2nd draw was to be made when the foundations were completed and backfilled. The owners refused to pay the full 2nd draw because their mortgagee had determined that the 2nd draw resulted in a 25% payment whereas the project was only 15% completed. The contractor left the job, filed a lien, and initiated adjudication. After the adjudicator found in favour of the contractor, the contractor garnished the owners. The owners dredged up the same submissions to the judge that the adjudicator rejected. The judge refused to allow a backdoor attack on the adjudication result and allowed the garnishment to continue.
Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices. |