Five Things Leasing Lawyers Ought to Know About the New Construction Act
Apr 8, 2021 | Article
Written by Brian Parker
INTRODUCTION
When landlords and tenants embark on improving their property, they wade into the world of construction – an industry known by lawyers for its web of contractual arrangements and complex statutory framework. When the property being improved is subject to a tenancy, additional challenges arise; more than one party has an interest in the real estate and the lease may restrict how improvements can be carried out. Lawyers who advise their clients on construction matters need a comprehensive understanding of how all these pieces fit together. Lawyers who are retained to advise on leasing matters, however, can sidestep much of the jumble by focusing on a few key concepts set out in the legislation governing construction in Ontario.
On the basis of an in-depth report delivered to the Ministry of the Attorney General and Ministry of Economic Development, Employment and Infrastructure, in 2018 & 2019 the Ontario government implemented a broad range of amendments (the “Amendments”) to existing construction legislation. The stated goals of the Amendments were: to modernize the legislation, help make sure that workers get paid on time, and help resolve payment disputes quickly.
Five things about the updated legislation that leasing lawyers ought to know are discussed in this paper.
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