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Legal Blog: Construction
Jan
02
2014
Property Damage
Sometimes contractors make mistakes and damage the project on which they are working. We have discussed the effect of those mistakes on a number of occasions (see newsletters of May 1998, January 2003, September 2005). The latest twist to the problem was discussed in Williams-Sonoma Inc. v. Oxford Properties Group Inc., a 2013 decision of the Ontario Court of Appeal.
Continue Reading >Nov
15
2013
Can a person waive his or her rights under the Construction Lien Act?
It is not possible to contract out of the Construction Lien Act (the “CLA”). Consequently, an agreement by any person who supplies services or materials to an improvement that the CLA does not apply to the person or that the remedies provided by the CLA are not available to the person is void
Continue Reading >Nov
11
2013
What is a “written notice of a lien” under the Construction Lien Act?
A “written notice of a lien” includes a claim for lien and any written notice given by a person having a lien that identifies the payer and the premises, and states the amount that has not been paid and is owed by the payer
Continue Reading >Nov
08
2013
What are “wages” under the Construction Lien Act?
“Wages” mean the money earned by a worker for work done by time or piece work, and includes all monetary supplementary benefits, whether provided by statute, contract, or collective agreement
Continue Reading >Nov
05
2013
Who is a “payer” under the Construction Lien Act?
A “payer” is the owner, contractor or subcontractor who is liable to pay for the materials or services supplied to an improvement under a contract or subcontract
Continue Reading >Nov
04
2013
What is a “subcontract” under the Construction Lien Act?
A “subcontract” is any agreement between the contractor and the subcontractor, or between two subcontractors, relating to the supply of services or materials to the improvement and includes any amendment to that agreement
Continue Reading >Oct
28
2013
What is a “contract” under the Construction Lien Act?
A “contract” means the contract between the owner and the contractor, and includes an amendment to that contract
Continue Reading >Oct
22
2013
Who is a “payment certifier” under the Construction Lien Act?
A “payment certifier” is an architect, engineer, or any other person upon whose certificate payments are made under a contract or subcontract
Continue Reading >Oct
21
2013
What is the definition of “premises” under the Construction Lien Act?
“Premises” includes the improvement, all materials supplied to the improvement, and the land occupied by the improvement, or enjoyed therewith, or the land upon or in respect of which the improvement was done or made.
Continue Reading >Oct
18
2013
What constitutes “materials” under the Construction Lien Act?
“Materials” means every kind of movable property that becomes, or is intended to become, part of the improvement, or that is used directly in the making of the improvement, or that is used in the making of the improvement or that is equipment rented without an operator for use in the making of the improvement
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