P. Guaragna

The plaintiff construction manager brought a motion for summary judgment for its share of cost savings realized on a condominium project.

The defendant owner argued there were no cost savings and counterclaimed for damages.

The court interpreted the construction management contract, determining the Gross Liveable Area and finding that only construction costs managed by the plaintiff should be included in the actual total cost calculation.

The court granted summary judgment, finding no genuine issue for trial, and ordered a reference to determine the exact quantum of cost savings.

The defendant property owner brought a motion under s. 47 of the Construction Lien Act to discharge a claim for lien registered by the plaintiff adjacent landowner.

The court found that while there were triable issues regarding whether the plaintiff was a 'contractor' and the previous owner an 'owner' under the Act, the lien was not preserved within the strict 45-day time limit under s. 31.

The evidence showed the contract work was completed more than a year before the lien was registered.

The motion was granted and the lien discharged.

The moving defendants sought to discharge a subcontractor's lien as expired and to recover the bond posted to vacate the lien.

The court held that the deemed completion formula in s. 2(3) of the Construction Lien Act applies to contractors' liens, not subcontractors' liens.

On the facts, the installation of two spandrel glass panels in January 2013 was new subcontract work, not trivial deficiency repair or improper bootstrapping, and therefore constituted the last supply.

The lien was preserved within 45 days and the motion was dismissed.