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Construction Disputes
Construction disputes arise between property managers/homeowners and contractors/subcontractors when there is uncertainty in the contract, overpayments, and/or markable delay in the construction process.
If you’ve supplied material, labor, or other services to a property and you have not been paid, you may be eligible to register a construction lien against the property. On the other hand, a construction lien should be registered within 45 days of the last date of supply of the project.
Common Construction Disputes
- Construction Lien
- Delay Claims
- Employment and Contractor Disputes
- Lending and borrowing litigation
- Restoration
- Termination, cancellation, and contracts
- Demolition
- Construction Loan Litigation
- Condo Construction Disputes
- Procurement, bidding, and tender disputes
- Project Management agreement disputes
What is a construction lien?
A construction lien is a claim based on title to commercial property to a contractor/subcontractor when the owner of the property is not satisfied with the payment of the invoice for work done on the property. On the other hand, a construction lien can act as a roadblock as it makes it impossible for the owner to sell or refinance his property.
Lienable Materials
- Landscaping Materials: Soil, gravel, plants, and other materials used to the property
- Rental Equipment such as Bulldozers, forklifts, lifts, and other equipment can be rented without an operator
- Construction Materials such as drywall, lumber, bricks, and other building materials
Non-Lienable Materials
Belongings that can be removed from the property such as furniture, window blinds, or water cooling systems
Construction Dispute Resolution
Whether you are pursuing a lien claim, construction delay, cost overruns, tender dispute, having an experienced construction lawyer on your side is important. Our Lawyer at Juzkiw Law has experienced in handling a number of construction dispute cases.
We can assist in resolving construction disputes through arbitration, litigation, and alternative dispute resolution.
Our Experience can help you to anticipate and identity early risks and provide you a cost-effective solution
Review Contract
Our experienced construction dispute lawyer will review your construction agreement and any other documentation you have related to the project.
Placing and Enforcing a construction lien in Ontario
There are certain steps you need to take to place a construction lien in Ontario
- A lienholder must take an action to place their lien within 45 days of the date the contract is completed or deserted
- How you place your lien depends on if the lien is attached to a section of real estate. On the other hand, the lien can be placed by providing a copy of the claim for lien to the property owner.
It is a standard document that contains information such as the description of the materials or services, supplies, and the description of the premises related to the lien
For a Contractor:
The construction lien must be filed within 45 days of either
- Completion or termination of the contract or
- The publication of the certificate of substantial performance
For a sub-contractor:
The construction lien must be filed within 45 days of either
- The date on which the supplier or subcontractor last supplied materials or the date he subcontracts is to be completed or
- The publication of the certificate of substantial performance.
To determine exactly the last date of the supplied material or services, you need to take a look at the last date on which the work was performed
Meet Your Team
At Juzkiw Law, we have kept our practice small as we believe in staying lean and fast to meet our clients’ personal and business needs. Our Team members are
Stefan Juzkiw
Lawyer & Founder
Owner and founder of Juzkiw Law, Stefan Juzkiw, has been helping clients with a variety of claims since 2013. His specialties are litigation, family law, and immigration
Stefan Juzkiw
Owner and founder of Juzkiw Law, Stefan Juzkiw, has been helping clients with a variety of claims since 2013. His specialties are small claims, family law, and immigration. Natural-born storyteller that captivates an audience, with engagement through the best display lens, Stefan Juzkiw is a life-long learner and enjoys the challenge of solving problems. Stefan is an expert with the legal process and familiar with the system. He is a strategic thinker and enjoys analysis of various paths and finds the best possible solution. His passion to help clients in difficult situations, strong negotiation and persuasion skills had made him a strong and winning lawyer. Stefan graduated in electrical engineering and completed his Master of Business Administration and his JD from the Wayne State university licensed lawyer in Michigan, USA, and Ontario, Canada.
At Juzkiw Law, Stefan’s services as a lawyer help clients in areas under
- Family Law
- Personal Injury
- Small Claims
- Criminal Charges
- Immigration
Stefan’s services are available in the Greater Toronto Area
Contact Details
Email: stefan@juzkiw.com
Phone: 416-221-2221
Rishab Lohan
Associate Lawyer
Rishab is an internationally trained lawyer and gained considerable experience in various areas of litigation after completing his LL.M.
Rishab Lohan, Associate Lawyer
Rishab is an internationally trained lawyer and gained considerable experience in various areas of litigation after completing his LL.M. Being passionate about, and having knowledge of Family Law, Business Law, and other areas of civil litigation, he assists the office with a great spirit and enthusiasm to satisfy the needs of our clients. Rishab is a goal-oriented person, who would go to considerable lengths to provide our clients with out-of-the-box solutions to their problems, and provides quality work within tight deadlines.
Rishab’ services are available in the Greater Toronto Area and are available 24×7 for emergencies
Contact Details
Email: Rishab@juzkiw.com
Phone: 416-221-2221
Why Choose Us?
From contractor disputes to construction liens, there are numerous reasons why you need a Construction Disputes Lawyer. Juzkiw Law provides legal assistance with various types of construction issues such as liens, contract disputes, delays, and termination, among many others.
Our team recognizes the importance of your case, and would be happy to assist you regarding your claims. Each case is handled individually by our construction attorneys, making it their top priority to form personal connections and trust with our clients, treating every issue as if it were our own. As a boutique law firm, we take the time to give personal attention to every client, and ensure that we truly have their best interests in mind.
Choosing the right representation for your dispute is critical to your success. At Juzkiw law, we are here to listen to you, provide reputable legal advice, and give you some peace of mind.
Construction Disputes FAQ’s
According to the Ontario construction lien act, a person who supplies materials or services to an improvement for owners, subcontractors, or contractors can file a property lien against the place they improved for the cost of services or materials
Individual or company that is either:
- Workers on the project
- Suppliers of materials used on the project, including equipment renters
- Contractors hired by the owner to work on the project
- Subcontractors hired by contractor/other subcontractors to work on the project
- Engineers/Architects on the project. However, a person who works for or supplies material to an architect/engineer or material supplier can not claim a builder’s lien
Registering a construction lien can usually be done for approximately $2,000 plus taxes, including potential filing fees by the government. Prices may vary depending on the circumstances.
No, a lien claim can not be filed in small claims court. However, a lawsuit for money can be filed in small claims court.
Yes, the lien must be perfected within 60 days after the last day that the lien could have been preserved.
Though vacating and discharging a lien are similar concepts, the result of each is significantly different. Vacating a lien does not strip the lien claimant of their right to be paid, however, the owner’s house/property is no longer involved.
A lien is usually vacated if a portion of the money has been posted by the owner, though not provided to the lien claimant unless the owner loses the lawsuit. When a lien is discharged, on the other hand, the lien claimant loses their right to be paid entirely. A lien is usually discharged if the owner has provided full payment.
It is required that all owners, contractors, and subcontractors retain 10% of the cost of the services/materials that they supply on a project. This holdback limits the liability of all parties in the case of potential lien claims that may come up later in the payment process.
A lien can be vacated if the mandatory security has been posted/paid into court in any of the following forms:
- A certified cheque or a bank draft
- Letter of credit
- Lien bond
This amount is designated as the lower option between $50,000 or 25% of the cost of the lien. In order to vacate the lien, a motion must be brought to the Ontario Superior Court of Justice for leave to post/pay the security and an order to vacate the lien.
What Our Clients Say About Our Services
Stefan helped me File my Permanent Residency. Great guy always helping
Olufowobi Toyin
2020-08-26
Stefan Juzkiw is the best family lawyer in Toronto. He cared about my case and explained everything that I needed. I highly recommended your services.
DEWAN AHMED
2020-08-19
Stefan and his team is nice. I came as a refugee they helped me file for my Permanent Residency
Odeyale Tayo
2020-08-18
Great Lawyer. Glad I found Juzkiw Law! Stefan Juzkiw is a great small claims lawyer. The best lawyer in Toronto. Excellence in service, competence, commitment, trust, transparency, and impeccable work. He closed my case in a timely manner and stayed in touch with me throughout the entire process. I highly recommend Stefan Juzkiw and Juzkiw Law firm for small claims cases.
Juliana Santos Krüger
2020-08-17
I really appreciate the Juzkiw law firm for helping me, especially in my immigration process. They clarified everything I needed to know about immigration laws and kept me informed of my process at all times. Stefan Juzkiw really knows what he is doing. He is a great lawyer. I would recommend his services to anyone.
Frederico Eduardo Di Lullo
2020-08-17
Stefan and his team is really Good. Went to get information on Small Claims as i had no idea of it. They really helped me a lot
ankush verma
2020-07-09
hired stefan juzkiw for my personal injury claim in 2015 and canreport that his law firm is outstanding. the casewas settled just recently and am glad i hired him and his firm. i was with another firm prior to moving to stefan's and he really listened much more and put more work into my file. Overall good lawyer. thanks
Royal R
2020-06-13
one of the best lawyers in GTA well known lawyer good for litigation and personal injury
Grand M
2019-10-13
One of the top law firms in the GTA, have used mr. stefan juzkiw for 2 cases of mine and very satisfied. thanx!!
User Name
2019-02-21
One of the most down to earth honest lawyers you can possibly find, prompt with responses and direction and cares about the clients above and beyond any reasonable expectations. He is the type of guy who you can call in the middle of the night if you have worries, he reassures you and takes care of your cases with real care. I recommend him to anybody in an array of different law! 5/5
dotsinthemanbag
2018-12-20