This article explores Notices of Non-Payment under the Construction Act in closer detail, as well as their requirements and the consequences (or lack thereof) of non-compliance.
Deficiencies are a common reason for litigation in construction proceedings. Dissatisfaction due to deficient work can make homeowners act in a zealous manner – namely, firing existing contractors, hiring subsequent contractors to finish or correct remaining work, and litigating against the initial contractor for the cost of correcting such deficiencies. However, the law recognizes that reasonable opportunities must be provided to correct such deficiencies before setoff or claim rights are allowed.
Think all civil litigation follows the same procedure? Think again. Read our latest article to learn about the nuanced procedural differences under ordinary litigation and construction lien proceeding.
Three years into the Interim Adjudication process under Part II.1 of the Construction Act, it is apparent that what was promised as a quick and dirty approach to dispute resolution is turning into a fly-by-night process that creates more problems than solutions. In this article, the author shares his thoughts on some of these problems.
While litigation in construction lien issues takes place within the formal, court system, parties have the ability to take such disputes outside of their system and into the hands of their community leaders.
Settlements are always preferred to litigation, but it’s important to note the following procedural steps when finalizing a settlement in construction lien litigation.
Congratulations! You have successfully preserved a construction lien. Now what? Section 36 of the Construction Act now requires that this construction lien be “perfected” by way of issuing a Statement of Claim and commencing an action in the proper jurisdiction to enforce the lien.
There’s a saying in the construction sphere – measure twice, cut once. This wisdom especially applies to construction liens. Once a lien is preserved (by registration or service), it can no longer be amended to address any errors in the lien. The implications? Devastating.
In order to secure payment, claimants must first “preserve” their construction lien by way of a Form 12. In addition to the other content requirements listed in Section 34(5) of the Construction Act, a party claiming a construction lien must sign, or verify, the lien through Form 12. But who can sign this document?