Our Blog
Common Construction Disputes That Lead To Litigation and How To Avoid Them
When builders and contractors find themselves in legal construction disputes, the underlying causes are often familiar. At Gionet Fairley Wood LLP, we frequently assist clients facing construction litigation issues and offer practical strategies to prevent conflicts from escalating. Let’s take a look at the most common issues that lead to litigation.
What Are Valid Grounds For Challenging a Will In Ontario
Challenging a will if you are unhappy with how a loved one's estate was handled is a common occurrence. Many people believe that only homemade wills can be challenged, while wills prepared by lawyers are ironclad. That is not true. Any will can be challenged in Ontario if you have the right reasons. As estate litigators, we are well versed in the legal reasons you may or may not be able to contest a will and your rights throughout the process. To help steer you in the right direction as to whether to contest a will, these are a few of the things you should consider before you go down this path.
5 Warning Signs of a Contract Dispute (And How to Prevent Them)
Contract disputes are a common challenge in construction and engineering projects, where multiple parties have distinct interests, responsibilities, and contractual obligations. Even with meticulous planning, conflicts can arise, resulting in costly delays, budget overruns, and legal complications. Recognizing the warning signs of a dispute early can help mitigate risks and prevent litigation that may strain business relationships and reputations. As experienced construction lawyers, we’ve seen firsthand the red flags that signal an impending dispute which is why we have outlined them here to keep you informed and ahead of the curve when it comes to protecting your business.
What You Need to Know About Title Insurance and Property Claims
Title insurance is an essential tool for safeguarding property ownership, protecting both residential homeowners and investment property owners from financial losses caused by title disputes or defects. Whether you're purchasing a family home or expanding your real estate portfolio, understanding title insurance and its benefits is crucial to protecting your assets.
Common Pitfalls That Lead to Commercial Lease Disputes & How To Avoid Them
Commercial lease disputes can arise from agreements that are unclear or misunderstood, making it crucial to understand the fine print whether you are a landlord or a tenant. A commercial lease isn’t just another document—it’s a legally binding contract that sets the foundation for renting a business property.
5 Keys To Avoiding Construction Litigation
Construction litigation often arises from poorly drafted or misunderstood contracts, so a solid construction contract is the cornerstone of a successful project. As a contractor, having clear, compliant, and comprehensive agreements is essential to avoid costly disputes and safeguard your business. Whether you're tackling a home renovation or a large-scale infrastructure build, understanding and addressing common contract pitfalls is key to protecting your reputation and bottom line.
2024 Amendments to the Construction Act
This article details the recent amendments made to the Construction Act; including changes to liens and holdbacks, invoicing and prompt payment and easier processes for lien claims.
Construction Act adjudications: An effective tool for quick dispute resolution
The Construction Lien Act, as it used to be known, was amended in two stages to create the current Construction Act. The second stage of those amendments, effective as of Oct. 31, 2019, implemented both the prompt payment regime and the adjudication process. As we have now had some experience with adjudications, this article is intended to provide information and insight into the process. While there seemed to be an initial reluctance to use the adjudication process, it is proving to be a useful tool that should be considered along with remedies such as liens, bond claims and breach of trust actions.
Construction Liens: Substantial Performance and Holdbacks
Knowing when the ‘timeline’ for preserving and perfecting liens begins to run, which in many circumstances may be upon the substantial performance of a contract, is important for contractors and subcontractors who wish to preserve their lien rights. It is equally important knowledge for homeowners who must make holdback payments (discussed below) to their contractors and subcontractors.
Construction Liens 101
This article discusses what a construction lien is, the process of a registering a construction lien, and important deadlines those who supply services and materials should keep in mind.

