PLZ Law Blog

Category Archives: Construction

CONSTRUCTION LAW UPDATE: The Meaning of Builder Under the Ontario New Home Warranty Plan Act

Date: September 2, 2011 | Author: Maxim Zavet, BA, JD

In Ontario, Tarion Warranty Corporation (“Tarion”) is responsible for administering the Ontario New Home Warranties Plan Act R.S.O. 1990, CHAPTER 0.31 (the “Act”) and is remedial, consumer protection legislation that primarily seeks to protect new home buyers from construction deficiencies and delayed closings.  To paraphrase from the Tarion website, ONHWP describes the mandatory responsibilities of ...

CONSTRUCTION LIENS: Electronically Liening Registered Leases

Date: June 10, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

It would appear that when registered leases are liened electronically, adherence to the rules is not as strict, sort of relaxation of rules is practiced, as would be seen from the case history below: Petroff: Liening Registered Leases Electronically Registration of title documents electronically has made it easier for lawyers to representing lien claimants wishing ...

Construction Liens: Obtaining Liens and Restrictions Placed on Them

Date: June 10, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

We have discussed earlier one of the two methods by which a contractor working for a tenant is able to get a lien on the freehold of the property.  The second method will now be discussed. The Freehold Owner Deemed  “Owner” Under the CLA Within the meaning of the CLA, there are circumstances, when the ...

Liens and Commerical Tenants

Date: June 10, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

Overview Regardless of the fact that the individual is a landlord, a tenant, or a lien claimant, it is important for each of them to be aware of the unique issues raised when construction liens are registered against leasehold premises. Firstly, there is the need to determine for whom the construction work has been carried ...

CONSTRUCTION LIEN: Basics

Date: March 1, 2010 | Author: Maxim Zavet, BA, JD

The basics of the construction lien remedy including when its available and the timelines for preservation and perfection.

COMMERCIAL DEVELOPMENT AGREEMENTS

Date: February 8, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

 A real estate development agreement is an agreement between two parties; a developer or a construction company and the owner of the land. This agreement refers to the construction and development of a commercial or retail project on the property. The developer is usually named as the construction or the development manager of the project. ...

COMMERCIAL REAL ESTATE: A Brief on Real Property Acquisition & Disposition

Date: February 8, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

Since the onset of the global economic struggles that hit the international business scene; trade and industry have been greatly affected. Commercial real estate in Canada is not spared from the global economic crisis. These economic challenges tend to lower the growth of business establishments that affect the acquisition and disposition of properties for commercial purposes. The ...

Law Update: Sub-Contractors in the Design-Build Tendering Process

Date: September 22, 2009 | Author: Nick Porco, BA, JD

Some legal decisions have direct impact on how a company conducts business. The Supreme Court of Canada in Design Services Ltd. v. Canada, [2008] 1 S.C.R. 737, [hereinafter Design Services] held that an owner in a design-build tendering process does not owe a duty of care to subcontractors in the event the contract is awarded ...


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