Lessons Learned from Key Recent Decisions on Delay and Flow-Through Claims

Ontario’s Divisional Court, in Demikon Construction Ltd. v. Oakleigh Holdings Inc., addressed whether an owner use the Construction Act to jump a rung and directly pay subcontractors who do not have liens, without obtaining an assignment from the trade or direction for the contractor. In Walsh Construction v. Toronto Transit Commission, the court addressed whether a contractor could recover from the owner for amounts it paid to subcontractors for disputed claims, where the subcontractor’s actions were dismissed upon the payments being made and, again, where no assignments were given.
Also in Walsh v. TTC, the Court was required to determine the validity of Walsh’s $267 million delay claim, where multiple expert reports were filed and where “concurrent” delay was an issue.

These two cases should be of interest to anyone in the construction industry who might have to deal with, either, flow trough or delay claims. In this Webinar we will discuss lessons to be learned from these cases, along with strategies which can be taken to address delay and flow through claims in practical terms.