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Construction Law

Construction law is a specialized area in civil litigation, often having its own rules, technicalities and terms of art. It is important for a client, when choosing a professional, to ensure that there is the knowledge, skill and experience to manoeuvre through the twists, turns and pitfalls which inevitably occur in a construction law dispute. Add to that the vast quantity of documents that flows from most construction projects, and you have a situation that can quickly become overwhelming (not to mention unduly expensive) unless the right "hand" is guiding the process.

Shibley Righton LLP has, over the years, acted for clients in every aspect of the construction industry. Our clients include owners, sureties, contractors and design professionals, and our experience as litigators encompasses trials and appeals of a myriad of construction law issues including delay claims, deficiencies, construction and mechanics' liens, surety bond claims and inadequate/negligent design and specifications.

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Publications

Description

Counsel will have to change the way they think about priority under the Personal Property Security Act (PPSA) after a decision that favoured a solicitor’s charging order over a perfected security under the Act, says Toronto corporate and commercial lawyer Marlin Horst.

Horst, a partner with the Toronto office of Shibley Righton LLP, teaches a course on the PPSA at Queen’s University’s law school and says he always tells students that the Act applies to any security interest unless it is specifically exempted in the law’s wording.

However, in a recent case, an Ontario Superior Court judge sided with the lawyers for a general contractor, giving it first dibs on bonds posted into court.  

That was despite the claim of a specialty insurer with a registered perfected PPSA security over the contractor's entire assets that it should be first in line, ahead of any solicitor's charging order

This is an excerpt from a story that appeared on AdvocateDaily.com.  Please click here to read the complete article.

Date_Published
2017-05-19
Description

An unsuccessful motion for an order pursuant to s. 47 of the Construction Lien Act brings up interesting issues post-Hryniak, says Toronto civil litigator Megan Marrie.

"I think what's interesting about this case is that it's one that has been decided since the landmark Supreme Court decision in Hryniak v. Mauldin," says Marrie, partner with Shibley Righton LLP.

"I find that this decision doesn't take into account pre-existing s. 47 case law," she tells AdvocateDaily.com. "In this respect, although the judge acknowledges this is the first s. 47 case since Hyriunk, he appears to ignore the preexisting case law that says that although it's akin to summary judgment motion, the authority you have under Rule 20 of the Rules of Civil Procedure does not limit your power under s. 47 of the Construction Lien Act."

Click here for the full story

Date_Published
2015-03-09
Description

There is some relief available for commercial, industrial and residential property owners who have recalled Kitec piping installed, writes Toronto condominium lawyer Deborah Howden in a recent issue of Lawyers Weekly.

“In the real estate and construction industries, ‘Kitec’ is a bad word and not just your run-of-the-mill dirty word,” she writes. “In plumbing, Kitec is the dirtiest, most cursed word of them all, and for good reason: Kitec piping is inherently defective and will prematurely fail, say most experts. The failure is sometimes catastrophic. Simply put, Kitec piping is a ticking time bomb.”

Howden, partner with Shibley Righton LLP, writes that the defective piping was installed in approximately 292,000 properties across North America between 1995 and 2007.

Click here for more information

Date_Published
2015-02-23

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