Construction Litigation Lawyer in Toronto, Ontario

Resolve Construction Disputes and Protect Your Project Interests

When something goes wrong on a construction project, like unpaid invoices, work not completed to standard, or a timeline that's fallen apart, the financial exposure can be significant, whether you're the one owed money or the one facing a claim. Construction law in Ontario involves specific statutory tools alongside general contract principles, and the steps taken early in the construction litigation, particularly around lien deadlines, can determine whether recovery is possible at all.

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We Protect Your Payment and Lien Rights

We Pursue a Practical Resolution

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Construction disputes arise in a number of recurring situations. The matters we most frequently assist with include:

  • Construction Liens and Payment Claims

We advise parties seeking payment for work or materials, as well as owners and contractors responding to lien claims. Depending on the circumstances, a dispute may involve lien preservation and perfection, unpaid invoices, holdback, prompt payment, trust obligations or a contractual claim for payment.

A lien deadline can arrive before the parties have resolved their disagreement. If payment is overdue, or a lien has been registered against your property, get advice promptly. The applicable deadlines depend on the circumstances of the project.

  • Construction Contract and Change-order Disputes

Disagreements about scope, extras, pricing, approvals and responsibility for additional work can turn on the language of the contract and what happened on site. We review the agreement alongside the correspondence, invoices, change orders and project records to assess each party’s position.

  • Payment & Holdback Claims

Acting in disputes involving unpaid invoices, statutory holdback obligations, and broader payment disagreements between owners, contractors, and subcontractors.

  • Deficiencies and Defective Work Claims

A dispute about deficient work may require more than photographs of a problem. The contract, the standard of work required, inspection records, expert evidence, notice to the other party and the cost of repair may all matter. We represent clients bringing or defending claims concerning construction deficiencies and repair costs.

  • Delay & Project-performance Disputes

Delays can affect financing, occupancy, subcontractors, revenue and other parts of a project. We assess the relevant schedule, communications, contract terms and evidence of the alleged impact to determine whether a claim or defence is supported.

  • Disputes Over Termination and Project Close-out

When a contract is terminated, work is abandoned or a project reaches close-out in dispute, questions may arise about outstanding payment, incomplete work, replacement contractors and responsibility for resulting costs. We advise clients on the legal and practical issues that follow.

The first step is to identify what the dispute is legally about and what decision needs to be made now. That means looking at the contract, the project timeline, the payment record and the available evidence, not treating every unpaid invoice or workmanship complaint as the same kind of claim.

We then consider:

  • Deadlines and available remedies

Is a lien or other statutory right at risk? Does the contract set out a notice or dispute process?

  • The project record

What do the contract, invoices, change orders, site records, inspection reports and communications establish?

  • The value and cost of the dispute

What amount is realistically in issue, what evidence will be needed, and what may it cost to pursue or defend the claim?

  • The next useful step

Would a demand, negotiation, adjudication, mediation, arbitration or court proceeding best serve the client’s position?

The answer may change as the evidence develops. We explain the options and their likely implications so that you can make an informed decision about how to proceed.

Court is one way to resolve a construction dispute, but it is not the only one. Depending on the issue, the contract and the applicable law, a dispute may be addressed through negotiation, statutory adjudication, mediation, arbitration or litigation.

Ontario’s Construction Act provides an adjudication process for certain construction disputes. An adjudicator’s determination can provide an interim decision while the parties’ broader rights remain subject to the Act. Whether adjudication is available and useful depends on the specific dispute.

Where court proceedings are required, we represent clients in motions, lien actions and other construction claims. The appropriate process depends on the relief sought, the evidence and the governing contract.

Because real estate disputes often involve firm contractual deadlines and time-sensitive remedies, getting advice early tends to preserve more options than waiting.

A few situations where it's worth getting legal advice promptly:

  • Unpaid work

You've completed work or supplied materials and haven't been paid according to the terms agreed.

  • Lien issues

You need to register a construction lien to secure payment, or a lien has been registered against your property.

  • Contract disputes

Disagreement has arisen over the scope of work, change orders, or the terms of the underlying agreement.

  • Defective construction

Work has been completed but doesn't meet the standard the contract or applicable code requires.

  • Project delays

Scheduling failures or performance issues have created financial consequences for your business.

Because construction lien rights in Ontario are time-limited, waiting too long to get advice can mean losing the ability to use some of the strongest tools available to secure payment.

We work with clients across Toronto, North York, Scarborough, Mississauga, and throughout the GTA, representing owners, contractors, subcontractors, and suppliers at every stage of a construction dispute.

  • We understand how construction projects actually work

Disputes in this industry involve specific practices around holdbacks, change orders, and payment schedules; we bring that context into how we handle your matter.

  • We move quickly on time-sensitive claims

Construction liens in particular are subject to firm statutory deadlines, and we prioritize matters where timing is critical.

  • We take a strategic approach

Litigation isn't always the fastest route to payment. We help you understand when a lien or demand letter is enough and when formal court action is genuinely necessary.

  • We represent your position firmly

Where a matter proceeds to negotiation or court, we advocate for your interests with the seriousness the situation requires.

  • We focus on practical outcomes

Recovering what you're owed, or resolving the dispute in a way that protects your business, matters more than prolonging the conflict.

Speak With a Construction Litigation Lawyer in Toronto Today

If you're dealing with unpaid work, a lien issue, a contract dispute, or a project that's gone off track, getting legal advice early can make a meaningful difference, particularly where deadlines are involved.

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What is a construction lien in Ontario?

A construction lien is a statutory claim that may help secure payment for qualifying work or materials supplied to an improvement. A lien must be properly preserved and, if required, perfected within the applicable deadlines. The right to claim a lien and the steps required depend on the project and the claimant’s role.

The general preservation period is 60 days, but the event that starts the period varies with the circumstances. If preserved, a lien generally must be perfected within 90 days after the last day on which it could have been preserved. These periods are calculated under the Construction Act; do not rely on the date of your last invoice alone to determine a deadline.

A lien must be registered against the title of the property within strict statutory deadlines set out under the Construction Act. Missing these deadlines generally means losing the right to lien, so acting quickly is important.

A contractor who hasn't been paid may register a construction lien, pursue a claim for the holdback amount, or bring a broader claim for breach of contract, depending on the circumstances and the terms of the agreement.

Yes. Where completed work doesn't meet the standard required by the contract or applicable building codes, you may be able to pursue a claim for the cost of repair or the diminished value of the work.

Many construction disputes are resolved through negotiation or a registered lien claim, which often prompts payment without further escalation. Where that doesn't work, disputes proceed through formal litigation, including lien enforcement proceedings or a broader claim for damages.

The Construction Act generally requires a payer to retain a holdback equal to 10 percent of the price of services or materials as they are supplied, subject to the Act’s requirements and exceptions. Holdback obligations and release dates can depend on the project and the applicable provisions of the Act.

Costs depend on the size of the project, the complexity of the dispute, how urgently action is needed, and how much court involvement is required. Matters resolved through a lien claim or early negotiation are generally far less costly than those that proceed through full litigation. We'll give you a clear, honest sense of anticipated costs during your first consultation.

Disclaimer: This page provides general legal information only and does not constitute legal advice.

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