MFOA Letter of Support for AMO's Proposed Amendments of the Construction Act



MFOA has penned a letter to Ontario’s Attorney General in support of AMO’s proposed amendments of the Construction Act, 2017.  AMO has offered 4 recommendations to support their position that the the prompt payment and mandatory adjudication regimes will not work effectively by the time the legislation is to come into force.
  1. Owners should be provided more than 14 days to publish a notice of non-payment to ensure that due diligence is done before payment of a proper invoice is required (e.g. 21 business days);
  2. The time period between December 24th to January 2nd of each calendar year should be excluded from the calculation of time with respect to Prompt Payment and Adjudication, similar to the recently proposed federal legislation;
  3. The date for implementing the Prompt Payment and Adjudication regimes should be postponed from October 1, 2019, to 1-year post-establishment of the Authorized Nominating Authority (ANA); and
  4. That the Ministry create and communicate practice guides, interpretation bulletins, and webinars in alignment with Recommendations 97 & 98 of the Expert Panel’s Report to educate owners, contractors, and subcontractors on the new regimes.
Download MFOA and AMO's letters below. 
 

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