Toronto Construction Litigation Lawyer
Representing owners, contractors, subcontractors, and suppliers in construction disputes across Ontario.
Our construction litigation team has enforced and defended liens under the Construction Act across the Greater Toronto Area for over 30 years. In Infinite Construction v. Chen, 2022 ONSC 3929, we represented a homeowner in a dispute over lien preservation deadlines and contractor classification—issues where a single missed deadline can extinguish rights entirely. In 1579959 Ontario Inc. v. Sheikh, 2025 ONSC 185, Calvin Zhang secured judgment for an unpaid contractor after trial, with the Divisional Court subsequently dismissing the homeowner’s appeal.
Construction Liens Under the Construction Act
The Ontario Construction Act (formerly the Construction Lien Act) provides contractors, subcontractors, and material suppliers with powerful security rights over improved property. A properly preserved and perfected construction lien gives a claimant a charge against the owner's interest in the land — a remedy that frequently proves more effective than an ordinary breach-of-contract claim.
Our firm handles every stage of the lien process: timely preservation within the strict 60-day deadline, perfection of the lien by commencing an action, and enforcement through to trial or settlement. We also defend owners and general contractors against lien claims that are exaggerated, improperly preserved, or otherwise vulnerable to discharge under s. 44 of the Act.
Timing is critical in construction lien matters — missing a statutory deadline by even one day can extinguish your rights entirely.
Construction Trust Claims
Part II of the Construction Act establishes a statutory trust regime that imposes fiduciary obligations on owners, contractors, and subcontractors who receive construction funds. Money received on account of a construction project constitutes a trust fund, and diverting those funds before paying subcontractors and suppliers down the chain is a breach of trust that can attract personal liability against directors and officers.
We prosecute trust claims on behalf of unpaid subcontractors and suppliers who have been denied payment because funds were improperly diverted. We also defend contractors and their principals against trust breach allegations, often by demonstrating that payments were applied in accordance with the statutory priority scheme.
Construction Delay & Deficiency Claims
Construction projects frequently give rise to disputes over delays, cost overruns, and deficient workmanship. Whether you are an owner seeking damages for late completion and remediation costs, or a contractor defending against allegations of defective work, these claims require careful analysis of the construction contract, the project timeline, and the applicable standard of care.
Our firm has litigated delay claims involving liquidated damages clauses, extension-of-time provisions, and force majeure defences. We also handle deficiency claims arising from building envelope failures, structural defects, and non-compliance with the Ontario Building Code. In each case, we work closely with engineering experts and quantity surveyors to quantify damages and build a compelling evidentiary record.
Prompt Payment & Adjudication
The 2019 amendments to the Construction Act introduced mandatory prompt payment timelines and an interim adjudication process designed to keep money flowing through the construction pyramid. Owners must now pay proper invoices within 28 days, and contractors must pay subcontractors within 7 days of receiving payment. Failure to pay or to issue a proper notice of non-payment triggers the right to refer the dispute to mandatory adjudication.
We represent parties in prompt payment adjudications before authorized nominating authorities, and we advise on compliance with the Act's notice and payment requirements to avoid costly disputes.
Ontario Construction Litigation: A Complete Legal Guide
For a comprehensive overview of construction litigation in Ontario — including lien preservation deadlines, holdback requirements, trust obligations, and the new prompt payment regime — read our detailed legal guide.
Read Ontario Construction Litigation: A Complete Legal GuideConstruction Lien Deadlines Are Unforgiving
Under the Construction Act, you have as few as 60 days to preserve a lien. If you are an owner facing an exaggerated claim or a contractor who has not been paid, contact us immediately—every day matters.
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