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Lienable Claims and Payment/Posting of Security

HIRA Limited v. Middlesex Standard Condominium No. 823 2018 Ont SCJ

The owner brought a motion as to the proper amount to be paid into court as security. The owner claimed that the contractor’s claim for lien was excessive. The judge relied on Structform International for much of his analysis. He allowed for some claims for change orders to continue, notwithstanding a failure to give appropriate notice pursuant to the contractual terms, because it was apparent that the parties had waived strict compliance with the contract relating to change order procedures. In the delay claim, he allowed for the supervision claim, but held that the plaintiff adduced insufficient evidence for the claims relating to temporary services, insurance costs, productivity loss, and overhead and markup.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.