Striking a Balance
The Lien Act Review
The release of the Review has initiated a very positive response. The OGCA Task Force assigned to review the report and represent our members has met and is very positive that the Report meets all of the issues raised by OGCA.
We feel all stakeholders will find this to be as advertised – a well-"balanced" report thoroughly researched, and the recommendations will clearly not just change the landscape of payment and liens in Ontario, but will make for a better environment for all stakeholders.
There are three key "pillars" or "legs" that support this report:
1. Promptness of Payment
2. Efficiency of Dispute Resolution
3. Modernization of the Act
There can be no "cherry picking" – all three of these endeavours must proceed in step with each other to achieve success.
Clearly what will be created is a new act, possibly called the Construction Act.
To assist members, we have posted a shortened version of the report on our website, containing the Analysis and Recommendations. Full report
In the Members Only section of the OGCA website, members can view a matrix of the recommendations and OGCA actions. They will be continually refreshed as things develop.
Members can submit questions, comments and recommendations to firstname.lastname@example.org. Please specify to which recommendations from the Report you are referring.
The OGCA Task Force will be meeting with the Attorney General on October 19 to provide a high level report along with proposed next steps.
Members will be kept abreast of developments as the process proceeds, through our newsletter and website.