Maintenance Contract Issues

For contractors who provide maintenance services

Contractors and subcontractors who provide maintenance services are faced with obligations, client relationships and contractual pitfalls that are unique to the work they perform. Whether the work involves the maintenance of machinery or physical premises, these services differ from those provided in the construction and procurement settings. Of significance, for example, is the extent to which the contractor assumes the responsibilities of his client under Occupiers’ Liability legislation.

We are experienced in the drafting, execution and enforcement of contracts tailored specifically to maintenance work. We have a particularly established client base of snow and ice maintenance contractors.

  • Scope of work

    Specifying the scope of work under a maintenance contract.

  • Occupiers' responsibility

    The standard of the "occupiers’" duties and responsibilities to independent contractors pursuant to the Occupiers’ Liability Act.

  • Agreements

    Hold-harmless and indemnification agreements.

  • Maintenance System

    The standard of the reasonable winter maintenance system as well as snow and ice maintenance practices.

  • Liability

    Liability for slip and fall.

  • Record Keeping

    Record keeping and communications as well as contractor/subcontractor issues.

Other Practices

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Construction Claims

We recognize that construction claims differ from other types of commercial and contract disputes due to the unique nature of the construction industry.

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Litigation & Advocacy

We represent clients at all levels and types of proceedings, including tribunals, mediations, arbitrations, construction lien proceedings, the Superior Court of Justice and the Ontario Court of Appeal

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The Construction Lien Act

The Construction Lien Act establishes a system of lien and holdback rights, as well as trust provisions to provide protection to the individuals who supply services and materials to construction project.

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Contract Drafting & Review

The vast majority of disputes that arise in the construction context can be traced back to the terms and conditions of an underlying construction contract.

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Bidding & Tendering

The obligations of a tender authority in the administration of a tender process have become better, and less understood over time.

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Private Power Projects

Power projects involve complex, integrated agreement structures that have to balance all the elements of an industrial construction project — from project financing through to commissioning and operations.

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Building Code & Zoning

Recent changes to the Ontario Building Code and the amalgamation of a number of municipalities have changed the way the OBC and zoning processes impact construction on a day-to-day basis.

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Mediation & Arbitration

Mediation/Arbitration, is a process by which parties work to resolve disputes through mediation and arbitration, either with an individual or a panel of individuals who are neutral in position to the matters at issue.

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