Michael McCluskey

Sociétaire | Guelph

519.780.4659

Portrait de Michael McCluskey

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Construction Act transition rules: What act applies?

A lien is a powerful and convenient tool used to protect trade and material suppliers in the construction industry. However, despite the convenience of the lien remedy, it is very time sensitive and requires comparatively quick action. As such, it...

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Lien sheltering under the Construction Act

Lien Sheltering When an entity higher in the construction pyramid fails or refuses to pay those below it, this can cause a growing cascade of lien claimants. This is especially concerning, and costly, for those subcontractors providing services on a...

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The search continues: Changes to the publication of construction documents

Ontario’s Construction Act (“CA”) allows for the early release of holdback funds following the publication of a Certificate of Substantial Performance (“CSP”). While the funds must still be held until the lien period has expired, the triggering event moves from...

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Making a claim under the new Interim Adjudication Regime

As of October 1, 2019, the Interim Adjudication regime has come into effect. Given that a few months have now passed since implementation, an important question needs to be asked: how does the process actually work? ADR Chambers, and specifically...

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Mike McCluskey quoted in GuelphToday

GuelphToday, Habitat returns to signature fundraiser

Mike McCluskey comments in an article on Miller Thomson’s continued support of the Ultimate Habitat House Party in support of Habitat for Humanity. « Miller Thomson LLP is proud to support such an amazing organization and thrilled to have been involved...

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October 1, 2019 Construction Act « Cheat-Sheet »

Ontario’s Construction Act introduced significant changes, some of which came into force on October 1st, 2019. Owners, general contractors, sub-contractors, suppliers, and municipalities all need to have an understanding of these changes. Here is a brief overview and summary of...

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Landlord Lien Exposure Under the New Construction Act

The Construction Act (Ontario) (“the Act”) came into effect on July 1, 2018 and has introduced a number of changes regarding the process in which construction liens are addressed in Ontario. The liability of landlords and their lien exposure to...

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Interim Adjudication Amendments: Authority and Timelines

Part II.1 of the Construction Act (Ontario) (the “Act”) introduces a new mandatory interim dispute resolution adjudication process which comes into force October 1st, 2019. It is imperative that both owners and contractors are aware of its fast approaching implementation....

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