Toronto (September 26, 2016) — Borden Ladner Gervais LLP (BLG) is pleased to announce that the expert review of Ontario's Construction Lien Act conducted by Bruce Reynolds, leader of BLG's International Construction Projects Group, and Sharon Vogel, national leader of BLG's Construction Group, has been released.
The Report titled Striking the Balance: Expert Review of Ontario's Construction Lien Act was produced following extensive research and consultation with over 60 stakeholders from across Ontario's construction industry. Mr. Reynolds and Ms. Vogel invited and received over 70 written submissions from industry groups and held extensive stakeholder consultations over the course of three months.
In addition, Mr. Reynolds, Ms. Vogel and their team at BLG consulted with construction law experts from around the world about their experiences. The recommendations take into account the nature of Ontario's construction industry and legal landscape, and the recommendations drew upon the foundational knowledge and experience of other countries including the United States, the United Kingdom, Australia, Singapore, Malaysia, and Hong Kong.
An advisory group of subject matter experts was also invited to participate in five meetings with Mr. Reynolds and Ms. Vogel for the purpose of obtaining input in respect of the issues and working to achieve consensus on certain fundamental issues.
The proposed legislation would address the following key elements of reform identified in the report:
- Modernization of the construction lien/holdback regime;
- Promptness of payment; and
- Modernization of construction dispute resolution including through the use of adjudication.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
