The Generals - Fall/Winter 2017 - 25

consultant review period of up to 10 days -
thereby leaving an owner only four days for
the release of the notice. The benefit of this
clause is that an owner can be very specific regarding the reasons for the adjusted
payment in the notice, which then would be
available to the subcontractors so they are
fully aware of the rationale for an adjusted
payment. This new process would provide
improved transparency of payment with all
contracted parties.
* Contractors would be obligated to effect
payment to the subcontractors within seven
days after receiving funds from the owner.
Mandating this payment period keeps the
cash flowing to the trades, and allows for the
work on site to continue rolling.
* Payment of the lien holdback has been
changed from being permissive to being mandatory, which will benefit the contractors and
subcontractors with the release of the 10%
lien funds. At the same time, the lien payment
continues to allow for the possible setting-off
of funds to cover costs such as deficient work.

Adjudication:
* A unique strategy has been proposed to have
a certified independent adjudicator address
a contract dispute pertaining to valuation or
payment of services, or any other matter the
parties to the adjudication agree to. This strategy would streamline the process mid-contract
to direct a quick resolution within 35 days of
an appointment of an adjudicator, with the
decision being binding on the parties. There
would be multiple benefits should adjudication
be adopted: it would allow the project work to
continue during the dispute and potentially
reduce delays; and protracted and costly disputes through the courts would be reduced,
thus providing for the flow of funds to continue
throughout the construction contract. Measures,
including opportunities for the contractors to
suspend work and add interest charges on late
payments, are also defined should payment not
be made under the adjudication process.
There are a number of other amendments
to the Construction Lien Act that improve upon
industry processes and benefit our construction
sector: extending the lien expiry period from 45
to 60 days; including capital repairs under the
Act; and requiring contractors to furnish labour
and material bonds, and performance bonds on
public contracts.
The acceptance of Bill 142, Construction
Lien Act Amendment, will provide for significant positive changes in Ontario's construction

industry, with advantages to all construction
project stakeholders.
■
Glenn Clarke is responsible for the planning, construction and facility operations at the Simcoe
Muskoka Catholic District School Board where he
has overseen the building of $500 million in new
schools over the past 23 years. He has had prior
extensive construction experience as a Military
Engineering Officer on projects across Canada
and in the Arctic. Glenn is an active member,
and past Chair of the Operations, Maintenance
and Construction Committee which represents

46 Ontario school boards, and he is the lead
member of the Construction Practices group and
has developed the OMC's construction contract
documentation. Glenn has been an active participant in addressing the concerns with Ontario's
Prompt Payment Act and more recently was a
member of the provincial Advisory Committee for
the review of the Construction Lien Act.
He graduated from the Royal Military College
with a Civil Engineering degree and is a registered Professional Engineer and Project
Management Professional.

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Fall/Winter 2017

25

6/29/17 11:47 PM


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Table of Contents for the Digital Edition of The Generals - Fall/Winter 2017

Chairman’s Message
President’s Message
Incoming Chair’s Message
Government Relations Report
Events
The Construction Lien Act Discussion
The New Construction Act: Coming to a Jobsite Near You
Modernizing the Construction Lien Act – Welcome Changes
Bill 142, Construction Lien Act Amendment – A Construction Owner’s Perspective
Bill 142 – Worth the Wait
Legend: Pertinent Acronyms
The Effect of Adjudication on the Construction and Legal Industries
The Proposed New Construction Act: A Dose of Realism
Employer Did Not Discriminate Against Cocaine Addict Who was Dismissed for Cause
COR Safety Certification: It’s Not just for Large Generals
Recent Decision Confirms that Notices of Claims Do Not have a “Standard Form”
Maple Reinders: After 50 Years, their Passion for Building Keeps Growing … and Growing
OGCA Golf Tournament
Associate Partners Program
Index to Advertisers
The Generals - Fall/Winter 2017 - Intro
The Generals - Fall/Winter 2017 - cover1
The Generals - Fall/Winter 2017 - cover2
The Generals - Fall/Winter 2017 - 3
The Generals - Fall/Winter 2017 - 4
The Generals - Fall/Winter 2017 - 5
The Generals - Fall/Winter 2017 - 6
The Generals - Fall/Winter 2017 - Chairman’s Message
The Generals - Fall/Winter 2017 - 8
The Generals - Fall/Winter 2017 - President’s Message
The Generals - Fall/Winter 2017 - 10
The Generals - Fall/Winter 2017 - Incoming Chair’s Message
The Generals - Fall/Winter 2017 - 12
The Generals - Fall/Winter 2017 - Government Relations Report
The Generals - Fall/Winter 2017 - 14
The Generals - Fall/Winter 2017 - Events
The Generals - Fall/Winter 2017 - The Construction Lien Act Discussion
The Generals - Fall/Winter 2017 - 17
The Generals - Fall/Winter 2017 - 18
The Generals - Fall/Winter 2017 - The New Construction Act: Coming to a Jobsite Near You
The Generals - Fall/Winter 2017 - Modernizing the Construction Lien Act – Welcome Changes
The Generals - Fall/Winter 2017 - 21
The Generals - Fall/Winter 2017 - 22
The Generals - Fall/Winter 2017 - 23
The Generals - Fall/Winter 2017 - Bill 142, Construction Lien Act Amendment – A Construction Owner’s Perspective
The Generals - Fall/Winter 2017 - 25
The Generals - Fall/Winter 2017 - Bill 142 – Worth the Wait
The Generals - Fall/Winter 2017 - 27
The Generals - Fall/Winter 2017 - 28
The Generals - Fall/Winter 2017 - Legend: Pertinent Acronyms
The Generals - Fall/Winter 2017 - The Effect of Adjudication on the Construction and Legal Industries
The Generals - Fall/Winter 2017 - 31
The Generals - Fall/Winter 2017 - The Proposed New Construction Act: A Dose of Realism
The Generals - Fall/Winter 2017 - 33
The Generals - Fall/Winter 2017 - Employer Did Not Discriminate Against Cocaine Addict Who was Dismissed for Cause
The Generals - Fall/Winter 2017 - 35
The Generals - Fall/Winter 2017 - 36
The Generals - Fall/Winter 2017 - COR Safety Certification: It’s Not just for Large Generals
The Generals - Fall/Winter 2017 - 38
The Generals - Fall/Winter 2017 - 39
The Generals - Fall/Winter 2017 - Recent Decision Confirms that Notices of Claims Do Not have a “Standard Form”
The Generals - Fall/Winter 2017 - 41
The Generals - Fall/Winter 2017 - Maple Reinders: After 50 Years, their Passion for Building Keeps Growing … and Growing
The Generals - Fall/Winter 2017 - 43
The Generals - Fall/Winter 2017 - 44
The Generals - Fall/Winter 2017 - 45
The Generals - Fall/Winter 2017 - OGCA Golf Tournament
The Generals - Fall/Winter 2017 - 47
The Generals - Fall/Winter 2017 - Associate Partners Program
The Generals - Fall/Winter 2017 - 49
The Generals - Fall/Winter 2017 - 50
The Generals - Fall/Winter 2017 - 51
The Generals - Fall/Winter 2017 - 52
The Generals - Fall/Winter 2017 - 53
The Generals - Fall/Winter 2017 - Index to Advertisers
The Generals - Fall/Winter 2017 - cover3
The Generals - Fall/Winter 2017 - cover4
The Generals - Fall/Winter 2017 - outsert1
The Generals - Fall/Winter 2017 - outsert2
The Generals - Fall/Winter 2017 - outsert3
The Generals - Fall/Winter 2017 - outsert4
The Generals - Fall/Winter 2017 - outsert5
The Generals - Fall/Winter 2017 - outsert6
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