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Construction Law

Zayouna’s commercial litigation construction law practice represents clients at all stages of the construction process, in all types of projects.

Typical clients:

  • Owners
  • General contractors
  • Subcontractors
  • Suppliers
  • Lenders
  • Consultants.

At Zayouna we appreciate the intricacies of construction disputes. We are committed to providing our clients with first-rate, cost-effective and timely advice and representation.

Whether your dispute is about a commercial building, an industrial space, a house, a condominium or any other construction project, our lawyers are highly qualified and capable of protecting your interests and assisting you through your dispute.

Types of Disputes

Our construction law practice is equipped with the necessary expertise to provide you with representation with respect to all aspects of construction disputes, including:

  • Breach of Contracts Disputes
  • Delay or Acceleration Claims
  • Construction Liens (Registration, Removal and Litigation)
  • Long-Term Contract Advice
  • Breach of Trust Claims
  • Deficiency Claims
  • Negligence Claims Against or Defending Professionals such as Architects or Engineers
  • Disputes Between Condominium Owners and Condominium Corporations
  • Bidding, Tendering and Procurement Disputes
  • Construction Fraud
  • Environmental Compliance Disputes
  • Termination of Contracts and Force Majeure Disputes
  • Construction Project and Management Disputes
  • Construction Arbitration

Service Areas

Talk With Our Legal Team

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A construction lien in relation to a contract that was procured after July 1, 2018, may be preserved by registering a claim for lien on title to the premises within 60 days (45 days, if the improvement to the property falls under the pre-July, 2018 regime) from the following trigger events:

  • Completion of the contract.
  • Abandonment of the work.
  • Termination of the contract.
  • Publishing a certificate of substantial performance.
  • Last supply of labour and materials.
  • Certification of a subcontract as complete.

Keep in mind, you may need to register a construction lien over the properties you worked at, or even over the entire project, in certain cases. If you register a lien, you will also need to “perfect” the lien to keep it enforceable.

Alternatively, contractors can get paid from the owner’s or sub-contractor’s trust fund in certain cases. There is also a “notice holdback” remedy available in certain cases to ensure the payment of construction workers. The law in this area is highly complex and its application varies from case to case. Before taking any action, we recommend that you speak to a lawyer.

The Construction Act now includes a prompt payment regime. Under this regime, a payer presented with a proper invoice is required to either:

  • Pay the invoice in full, subject to holdback requirements.
  • If payment is refused in whole or in part, provide notice in the prescribed form detailing reasons why payment is being refused.

The Construction Act also mandates certain timelines within which payment must be made or notice of non-payment given.

If you are involved in a construction dispute and require timely, practical and skilled advice, please contact us for an initial consultation.

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    Location Map - Zayouna Law Firm
    Toronto Service Area - Zayouna Law Firm



    10 Four Seasons Pl #510
    Toronto, ON M9B 6H7

    Burlington Service Area - Zayouna Law Firm



    1940 Ironstone Dr. Unit #10
    Burlington, ON L7L 0E4

    Ontario Service Area - Zayouna Law Firm



    Servicing all of Ontario