Wadleigh, Starr & Peters, P.L.L.C.’s Post

Construction projects can encounter various challenges, but we're here to help you navigate through them. The three most common areas for construction disputes are: 1. Contractual Issues 2. Payment Delays 3. Quality of Work Whyte Fraser & Co Solicitors are experts in resolving these disputes efficiently and effectively. Contact us today to find out how we can support your construction project. Call us on 0141 378 5711 or visit www.whytefraser.co.uk for more information. #ConstructionLaw #LegalAdvice #WhyteFraser #ConstructionDisputes #Solicitors

James Little, Nicholas Reynolds and Adam Rose discuss the Ontario Divisional Court’s decision in Ledore Investments v Dixin Construction and the questions it raises regarding the interaction between statutory adjudication’s ‘rough justice’ approach and principles of procedural fairness. Read more: https://lnkd.in/gu6gyr2A #ConstructionAct #Adjudication #RoughJustice #ProceduralFairness

Construction projects can encounter various challenges, but we're here to help you navigate through them. The three most common areas for construction disputes are: 1. Contractual Issues 2. Payment Delays 3. Quality of Work Whyte Fraser & Co Solicitors are experts in resolving these disputes efficiently and effectively. Contact us today to find out how we can support your construction project. Call us on 0141 378 5711 or visit www.whytefraser.co.uk for more information. #ConstructionLaw #LegalAdvice #WhyteFraser #ConstructionDisputes #Solicitors

CONSTRUCTION AGREEMENT REVIEW: We use California/Texas/Florida General Contractor construction agreements for our multifamily construction projects. We ask any client who plans to have an attorney review our contract template to consider doing so at this stage of the process. We prefer to keep the template in its current form with only minor changes if necessary, and for that reason we prefer to ensure all parties are comfortable with the form of the template sooner rather than later in the process. #multifamilyconstruction #inabnetbrand #inabnetcontracting

This was an interesting decision, and I’m curious to see how it affects strategies going forward. #construction #adjudication #constructionlaw #constructionlawyer

📢 Attention Alberta construction lawyers! 🚧 A new decision suggests the Prompt Payment Provisions now make the lien template order 180-day commencement deadline unenforceable. Jordan Crone and Tom Brookes share the details 👉 gowlg.co/4cmeLX4 #ConstructionLaw #AlbertaConstruction

 Frequently, construction liens are vacated once any interested party pays the necessary security into court. When this happens, the interest of the lien claimant no longer attaches to the property, and instead attaches to the funds being held in court. In such circumstances, it may not always be necessary for owner of the liened property to remain a party in the construction lien action. In fact, in Benny Haulage Ltd. v. Carosi Construction Ltd., the Ontario Superior Court of Justice held that in many circumstances, it is proper that that the lien action be dismissed against the owner of the property. A common example of a situation in which it may not be necessary to continue proceedings against the owner is where security is posted by the party who contracted with the lien claimant. For example, where a contractor posts security in order to vacate the lien, the subcontractor lien claimant may continue the action against the contractor only, and dismiss the action against the owner. Similarly, where a sub-subcontractor registers a lien and security is posted by a subcontractor, the action should be dismissed against both the owner and the general contractor. At Lexpand, we have a solid understanding of construction litigation and what it takes to commence or to defend construction lien actions. Reach out to us today to find out how we can help!  #torontoconstruction #torontocontractor #constructionliens #toronto #litigationlawyer #lawsuit #gtalawyer #ontariolawyer

Did you miss Julian Neiser's webinar Residential Contractor Boot Camp? You can watch it at your leisure on our website. Residential construction is difficult. Margins and schedules are tight. The demands by homeowners can be oppressive. And in the end, owners have to deal with every possible issue on their own. Then, if anything goes wrong, customers are quick to file suit. The difference between success and failure for most owners is one job that goes sour. In this webinar, Spilman Thomas & Battle attorney Julian Neiser taught us best practices for navigating these challenges, gleaned from his decades of experience litigating construction disputes. https://lnkd.in/ezYRaaX4

Frequently, construction liens are vacated once any interested party pays the necessary security into court. When this happens, the interest of the lien claimant no longer attaches to the property, and instead attaches to the funds being held in court. In such circumstances, it may not always be necessary for owner of the liened property to remain a party in the construction lien action. In fact, in Benny Haulage Ltd. v. Carosi Construction Ltd., the Ontario Superior Court of Justice held that in many circumstances, it is proper that that the lien action be dismissed against the owner of the property. A common example of a situation in which it may not be necessary to continue proceedings against the owner is where security is posted by the party who contracted with the lien claimant. For example, where a contractor posts security in order to vacate the lien, the subcontractor lien claimant may continue the action against the contractor only, and dismiss the action against the owner. Similarly, where a sub-subcontractor registers a lien and security is posted by a subcontractor, the action should be dismissed against both the owner and the general contractor. At Lexpand, we have a solid understanding of construction litigation and what it takes to commence or to defend construction lien actions. Reach out to us today to find out how we can help! #torontoconstruction #torontocontractor #constructionliens #toronto #litigationlawyer #lawsuit #gtalawyer #ontariolawyer

Construction adjudication claims: ‘Smash and grab’ or ‘true value’? How about both? Bellway Homes Ltd v Surgo Construction Ltd.   Construction team members, Connor Mennell and Daniel Callaghan offer their thoughts on a recent decision of the Technology & Construction Court which considered whether a ‘smash and grab’ and a ‘true value’ claim could be made in the same adjudication. This is the first time the Court has considered this question.   Read more on the link below:   https://bit.ly/3SC643v #constructionlaw #leedslawfirm