Condo News - Spring 2020

Page 12

FEATURE

Mark Giavedoni

Is Your Condominium Ready for the New Construction Act?

Is Your Condominium Ready for the New Construction Act?

Gowling WLG (Canada) LLP

Y

ou may have heard the rumblings over the last 18 months: the Construction Lien Act has been reframed and rebranded as the Construction Act and completely overhauls the construction process for all types of construction projects—big or small. On July 1, 2018, a number of modernization amendments took effect and extended some critical timeframes for participants in a construction project to register their liens. The Act also clarified certain definitions, confirmed the holdback and trust obligations, and modified other processes for construction projects that commenced on or after July 1, 2018. On October 1, 2019, the second phase of the changes came into effect, which fundamentally changed the way that construction contracts are administered, payments made, and disputes adjudicated. While there are some rules about which legislation applies to certain projects based on their start date, for the most part, these changes will begin on October 1 and significantly change the way construction disputes are handled. continued‌

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G O L D E N H O R SESHOE CHAPTER OF THE CANADIA N CO N D O MI N I U M I NSTI TUTE


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