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Confusion Surrounding the Transition Provisions of Ontario’s Construction Act: Should they apply on a “Single Improvement” Basis?

By | news

From Kennaley Construction Law

This Article is a continuation of our previous Article on gaps, confusion and inconsistencies in Ontario’s Construction Act. Here, we focus on the transition provisions which apply to the Act’s changes effective July 1, 2018 and October 1, 2019. In each circumstance, whether or not the new provisions apply will depend on the interpretation of section 87.3 of the Act, which ties transition to the definition of “improvement”. This has created a fair bit of confusion (as was recently made clear at a meeting of the Construction and Infrastructure Law Section of the Ontario Bar Association).

It is unclear why the drafters of the Construction Act tied s.87.3 to the definition of “improvement”. In their Report Striking a Balance, for example, Bruce Reynolds and Sharon Vogel did not recommend this. Regardless, doing so was not necessary: when the Mechanic’s Lien Act became the Construction Lien Act in 1982, the new provisions simply applied to all contracts entered into after a specified date, without referencing the “improvement”.

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Sheet Metal Installer Position Available

By | job-posting

Sheet Metal Installer

Sheet Metal Installer required to start as soon as possible for heating, ventilation and air conditioning systems, custom sheet metal items in commercial, industrial, residential and shop areas

Determine layout of systems, measure and mark sheet metal, operate metal working machines, read and interpret blueprints, drawings and specifications

Experience: Minimum 5 years

Required License or Certification: Sheet Metal Worker Trade Certification

Transportation: Valid Driver’s License

***Offering Competitive Wage, Employee Benefits and Pension Plan***

Email Resume to:

Gas Technician/Installer Position Available

By | job-posting

Gas Technician / Installer

Experienced Installer / Gas 2 Technician required in the Residential, Industrial and Commercial Areas

Responsibilities and Duties

-Installation of gas lines and equipment

-Install, maintain and service gas heating units and their components

-Study drawings and specifications to determine the layout of the installation and materials


-Excellent written & oral communication, attention to detail & dependable

-Valid Driver’s License

Qualifications and Skills

-Gas Fitter Trade Certification

-Gas Fitter Certificate Level 2

Offering Competitive Wage, Employee Benefits and Pension Plan

Email Resume to

Project and Estimating Coordinator Position Available

By | job-posting

Project & Estimating Coordinator

We are looking to add an energetic, resourceful individual to our progressive team
This person will manage, coordinate and provide administration for ICI Plumbing & Mechanical Contracting construction projects in Simcoe County Region.

Working under the direction of a Project Manager(s):
• Perform all administrative duties as requested by the Project Manager(s) and required of the project, including; word processing, data entry, filing, faxing, emailing and copying.
• Maintain good project reference on all paperwork and verbal communication.
• Ensure all project documentation is assembled and submitted as required.
• Ensure finished project data is of acceptable quality.

Assist the Project Manager(s) with the following tasks:
• Ensure that Project Start Up and closeout Tasks are completed, including; Project Binder setup, Generate and issue Purchase Orders, Track contract documents, Operations Manuals, Warranties.
• Assist with other Project Start Up Tasks as directed, including preparation of the Office and Foreman Binders and foreman’s cost allocation sheets
• Generate, manage and maintain contract binder documentation, including:
• Subtrade awards and supplier purchases/returned contract documentation; site instructions, meeting minutes, shop drawings, pricing, invoicing, etc. Ensure binders are maintained and updated on an ongoing basis to facilitate its use.
• Facilitate the communication of written and verbal project information between all affected parties.
• Monitor contract for changes to scope and price; ensure that approved changes are properly executed ie. notify all affected parties and ensure corresponding documentation reflects same.
• Assist with monthly progress invoices, including preparation of Billing worksheets, project financial and hours forecasting
• Work Onsite or in an office environment
• Maintain accurate and updated to-do lists for all current tasks / projects.
• Review and approve or resolve discrepancies on invoices and progress claims as directed by P.M.
• Pre-review/approve jobsheets and subcontractor invoices for relevant projects to facilitate approval by Project Manager

Estimating & Team Support
• Pick-up and delivery of documents including tender packages, materials, and bonds/insurance packages, as required.
• Review bid opportunities platforms for tender opportunities and advise the President for consideration
• Work with Estimator(s) to maintain pricing databases
• Prepare tender requests and follow up on same
• Preparing bid submission for tenders via email, delivery or faxing.
• Tender tracking and client follow up
• All filing associated with Estimating

Core Skill Sets:
• Strong organizational skills and attention to detail
• Ability to work in a self directed capacity with excellent time management skills
• Strong computer skills and hands on working knowledge of MS Office, particularly Excel and Word
• Team Player, Reliable timely and resourceful
• Experience in Construction administration and or Plumbing & HVAC considered an asset
• Strong written and verbal English skills
• Eager to learn in a fast paced environment
• A valid drivers licence and vehicle is required

What you can Expect:
• Competitive Compensation package
• Participation in Company Benefits Plan
• Participation in Company Profit Share and RRSP Plan
• Continuous growth opportunities and ongoing learning
• Progressive company with a great team environment

Email resume and cover letter in confidence to

Plumbing Foreman Position Available

By | job-posting

Plumbing Foreman Needed

Simcoe County based, established Plumbing & Mechanical Company is looking to hire an experienced Plumbing Foreman.
Position offers competitive compensation package, health benefits, Pension & RRSP plan, and opportunities to grow and learn with an established, progressive company.

Consideration will be given to those with the following:
• 5+ years licensed plumbing & site management experience
• Solid mix of commercial and industrial experience
• Experienced with new build and renovation projects
• Experienced in hydronic heating systems, boilers, etc.
• Strong team building skills and ability to lead apprentices and junior staff
• Experience in ordering and managing materials
• Strong computer skills
• Excellent written & verbal communication skills
• Strong organizational and project management skills
• Ability to manage more than one project at a time
• Valid Driver’s license a must
• Valid OCOT Member in good standing
• Gas fitter license considered an asset
• Cross Connection Specialist Certification an asset

Please email resume and cover letter in confidence