June 9, 2017
On May 31, Bill 142, the Construction Lien Amendment Act, 2017, was introduced in the Ontario Legislature by the Attorney General. It is expected to be passed into law in the first quarter of 2018.
This represents a sea change in construction law in Ontario and Gowling WLG is here to assist you with the transition to the new construction regime. With Bill 142 comes a mandatory prompt payment regime, adjudication of construction disputes, changes in lien rights and time periods, changes in construction litigation processes and much more.
What you need to know
The amendments are sweeping and will impact all construction work and projects in Ontario, including P3/infrastructure, energy, mining and real estate developments. Other provinces are looking very closely at these amendments, especially prompt payment and adjudication.
For the first time since 1983, the Construction Lien Amendment Act (which will be renamed the Construction Act) is set to undergo many fundamental changes. These include:
- Modernization of the construction lien and holdback rules
- Modernization of claims procedures
- Introduction of a prompt payment regime for all construction improvements
- Implementation of adjudication as a new process to speed up dispute resolution
Check back here, or sign up to our Infrastructure & Construction Group mailing list for notices of the following articles:
- Claims Procedures
- Liens, Holdbacks and Other Changes
- Technical Amendments
- Impact of Bill 142 on P3 Projects
- Impact of Bill 142 on Project Finance
- Impact of Bill 142 on Real Estate
Where can I get a copy of the new Act?
- You can view a copy of Bill 142 here, and a PDF version here.
- If you would like a consolidated copy of the new Construction Lien Act (which will be renamed the Construction Act), please let us know and we can send you a copy.
Please do not hesitate to contact anyone in the Gowling WLG Infrastructure & Construction Group if you have any questions or would like to know more about the Construction Lien Act amendments. We would be more than happy to assist.
Partner, Head of Infrastructure & Construction Group
NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Gowling WLG professionals will be pleased to discuss resolutions to specific legal concerns you may have.