Serving Ontario's condominium communities since 2008
In February 2021, the provincial Home Construction Regulation Authority (HCRA) became responsible for licensing and regulating home builders and sellers in Ontario. This was previously overseen by the Tarion Warranty Corporation (TARION).
The HCRA sets standards for competence and conduct while TARION continues to oversee warranty claims and complaints relating to new construction. HRCA also…
On October 1, 2019, the prompt payment and adjudication regime of the Construction Act (the “Act”) came into force to improve payment and cashflow to contractors on construction projects. The changes apply to any contract between a contractor and property owner for the supply of services or materials for any alteration, addition or capital repair to the land (among other work). Any condo who is party to such a contract is subject to the “28-7-7-7” prompt payment clock and adjudication regime.
The changes also amended traditional construction lien legislation, including the deadlines to preserve and perfect a lien and holdback releases.
This is Part I of our two-part series, where we explore how these changes impact construction contracts, specifically the CCDC 2 Stipulated Price Contract, and projects at condos now that we have had about 1.5 years (and a pandemic!) to reflect on it.
A $12 million settlement of a 2008 class action lawsuit over faulty elevator sheave jammers has been approved and is now available for distribution. Eligible parties must file claims by March 29, 2013.
Continue Reading Elevator class action lawsuit ends in $12 million settlement
One of our readers asks us about when Tarion warranty claims for defects in the common elements should be disclosed on a status certificate?
Continue Reading Disclosing Tarion claims on status certificates
The sheer volume of new condos currently under construction in the Greater Toronto Area will bring a new generation of condominium boards and unit owners to begin the inevitable dance with developers over construction deficiencies. Some will fall into the pitfall known as “limitations.”…
Continue Reading Time is the enemy in new condo construction cases
In this second part of our series on new home warranty claims, we discuss why condos are better off seeking proper legal advice before making claims for construction deficiencies.
Continue Reading 10 reasons why condos should get legal advice about warranty claims
We’re kicking off a 3-part special on the Ontario New Home Warranty Plan. In this first installment, we will cover new regulations that came into force on July 1, 2010.
Continue Reading Changes to Tarion warranty: What condo directors and managers need to know
We examine a pet peeve of real estate lawyers: Parking or locker units that are numbered differently than their legal description.
Continue Reading Confusing numbering of parking and locker units will cause headaches later
The horror stories about Chinese drywall have been widely reported. There have been no reports of this defective product appearing in our area but it may just be a matter of time.
Continue Reading Chinese drywall threat seems distant — for now
The newly-transformed Art Gallery of Ontario opens its doors this weekend. The Globe and Mail reports that the final ($276 million) product has met with the approval of its designer and world-famous architect, Frank Gehry, although he would make a few changes if more money was available.
At about this time a year ago…
