KLF acts in construction disputes for a range of parties including owners, developers, general contractors, subcontractors, and trades on commercial, industrial, and residential projects across Ontario. Construction disputes require counsel who understands the technical and contractual dimensions of construction projects as well as the distinct procedural regime that governs construction liens in Ontario.
The Construction Act (Ontario) provides a statutory scheme for the preservation and enforcement of liens against real property. KLF advises and acts for lien claimants and property owners in connection with the preservation of liens, the posting of lien security, and the enforcement or discharge of liens in the courts. Procedural requirements under the Construction Act are strict, and timely legal advice is essential.
Not all construction disputes are resolved through the lien process. KLF acts in non-lien construction disputes including breach of contract claims, delay claims, extras and change order disputes, deficiency and warranty claims, and professional liability matters. These disputes are frequently resolved through mediation or arbitration, and KLF represents clients in those processes as well as in court proceedings.
Delay claims and disputes over additional compensation for extra work or changed conditions are among the most common and contested issues in construction litigation. KLF has experience acting on these claims for both project owners seeking to establish entitlement and for owners responding to contractor claims. A careful understanding of the contract documents and project record is essential to these matters.
Disputes over the quality of construction work and the rectification of deficiencies arise on projects of all sizes and types. KLF acts for owners and contractors in deficiency and warranty claims, including matters involving alleged latent defects discovered after completion.
Where multiple claimants assert interests in a construction project or the property on which it is located, priority contests may arise among lienholders, mortgagees, and other creditors. KLF advises on and acts in priority proceedings under the Construction Act and the general law.
Every matter begins the same way: conflicts and intake completed first, then a candid read of the position, then a focused plan for resolution. The steps are the same whether a file settles or is tried.
A construction lien is a legal claim against a property for unpaid work or materials. Under the Ontario Construction Act, you must preserve your lien within 60 days of substantial completion and perfect it by commencing an action within 90 days of preservation.
The prompt payment provisions require owners to pay invoices within 28 days and general contractors to pay subcontractors within 7 days of receiving payment. Disputes are resolved through mandatory adjudication, a fast-track process.
No forms required. We complete conflicts and intake before we act, so please do not send confidential details about a construction matter until we have confirmed we can.
Contacting us does not create a solicitor-client relationship. We must complete our conflicts and intake processes before we can act for you. Do not send confidential information through this form until we have confirmed we are able to act.
