In Ontario and other common-law jurisdictions, legal disputes are subject to what is known as an “adversarial” process. Many lawyers take this approach too close to heart. While lawyers may be skeptical of ADR, perhaps we should begin relationships with opposing counsel from a position of trust rather than combat.
How can a Subcontractor stop payments in wake of ongoing construction dispute? In realizing the fast-paced nature of the construction industry, the drafters the Construction Act, created a mechanism allowing Subcontractors to cease payment on a project without having to actually preserve a lien. Namely, a “Written Notice of Lien.”