The Generals - Fall/Winter 2017 - 9

PRESIDENT'S MESSAGE

By Clive Thurston

e are living in very exciting times
for the construction and design
industry. Our world and how it
operates is changing in a significant manner and one that history would call a
"tipping" point.
As the changes to the Lien Act become a
reality, no one in our industry will be unaffected
by its final outcome. From suppliers to owners,
we are all entering a new world, one we all hope
will result in a fairer and better industry for all.
For years, we have seen the disintegration of
design and construction procurement through
extended payment times, penalty clauses, abuses
of submission terms on payment certificates,
endless delays, abuse of the holdback and
ridiculous payment provisions. Despite efforts
by industry leaders like OAA, ORBA, OSWCA, CEO,
OGCA, MCAO and many others, these conditions
continued to get worse.
Subtrades and suppliers unquestionably
have borne the brunt of these bad terms and
conditions, as they flowed down the payment
pyramid. It led to the Prompt Payment movement
and efforts to bring back fair and reasonable
payment terms and timelines, a movement that
swept the country but only found a true place
to succeed here in Ontario.
Here was where, for the first time, Generals
and Trades sat in the same room to deal with
these issues and tried to find common ground.
They found a shared goal and both sides grew
to respect each other's points of view.
That struggle, brought about through the
efforts at that time by OGCA and MCAO, was the
beginning of a transformation for our industry.
Despite the later disagreement over Bill 69,
we all recognized there was no going back, that
change was inevitable on payment and it would
be here in Ontario that we would get this done
and done right.
The leadership of the Government and subsequent Lien Act Reform hearings, led by Sharon

Vogel and Bruce Reynolds, are testament to
the sincerity of all in achieving fairness and
balance. The courage and strong leadership
shown by Attorney General Yasir Naqvi and the
support of Minister Bob Chiarelli, not to mention the leadership shown by Premier Kathleen
Wynne in directing this effort to happen, is to be
applauded. Thanks to their fairness and devotion
to doing what is right, we have achieved a major
milestone in our industry.
What we have achieved will send ripples
across the Country as every Province has eagerly
awaited the outcome of these efforts. I believe
they will see a clear template to follow, one that
will bring fairness and equal opportunity for all
stakeholders in every Province.
Will it be perfect? No, but that is not a problem, as we know it is designed to be responsive
to change and we believe we have learned the
lessons of the past not to carve things too deeply
into stone. I trust that the strong bonds of cooperation and collaboration that have grown out
of this will continue to ensure it is a success.
In this issue, we have asked a number
of leading industry stakeholders to discuss
how they see the changes impacting their
world and discuss any ongoing challenges
they may see. We hope you will find their
comments interesting.
As the changes become a reality, we all
will face a major cultural shock to how we do
business, and we will respond. And despite
those few owners and lawyers who will look for
ways to subvert and get around these changes,
they should know they will face the combined
opposition of every major stakeholder in this
Province. We have worked too hard to make a
positive change and we will not stand by again
and see anyone try to undermine these efforts.
We are determined not to return to what came
before, but to move forward in a collaborative
and joint effort to ensure a better industry
for all of us.
■

Fall/Winter 2017

9



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
https://www.nxtbook.com/naylor/OGAB/OGAB0218
https://www.nxtbook.com/naylor/OGAB/OGAB0118
https://www.nxtbook.com/naylor/OGAB/OGAB0217
https://www.nxtbook.com/naylor/OGAB/OGAB0117
https://www.nxtbook.com/naylor/OGAB/OGAB0216
https://www.nxtbook.com/naylor/OGAB/OGAB0116
https://www.nxtbook.com/naylor/OGAB/OGAB0215
https://www.nxtbook.com/naylor/OGAB/OGAB0115
https://www.nxtbook.com/naylor/OGAB/OGAB0214
https://www.nxtbook.com/naylor/OGAB/OGAB0114
https://www.nxtbook.com/naylor/OGAB/OGAB0213
https://www.nxtbook.com/naylor/OGAB/OGAB0113
https://www.nxtbook.com/nxtbooks/naylor/OGAB0212
https://www.nxtbook.com/nxtbooks/naylor/OGAB0112
https://www.nxtbook.com/nxtbooks/naylor/OGAB0211
https://www.nxtbook.com/nxtbooks/naylor/OGAB0111
https://www.nxtbook.com/nxtbooks/naylor/OGAB0210
https://www.nxtbook.com/nxtbooks/naylor/OGAB0110
https://www.nxtbook.com/nxtbooks/naylor/OGAB0209
https://www.nxtbookmedia.com