Construction LawLawyer referralConstruction contracts

Subcontract agreement

A subcontract that passes down the main contract terms and sets payment, insurance, safety and warranty duties.

Timing depends on the contract and negotiations; ideally the review is done before signing or bid closing. Ontario Done by an Ontario lawyer, by referral

What is included

  • Reviews or drafts the contract, including CCDC forms and supplementary conditions
  • Explains payment, change, delay, warranty and termination terms
  • Aligns the contract with the Construction Act's prompt payment and holdback rules
  • Reviews insurance, bonding and indemnity terms
  • Negotiates changes with the other party

What is not included

  • Reports from engineers, schedulers or quantity surveyors, and other disbursements
  • Court, adjudication or arbitration filing fees
  • Appeals unless added to the retainer
  • Project management or site inspections

Who this service is for

  • Owners and developers starting a project
  • General contractors and trades
  • Architects, engineers and design-build teams
  • Contractors arranging bonding

Information to have ready

  1. 1The draft contract or bid documents
  2. 2Project scope, schedule and payment terms
  3. 3Insurance and bonding requirements
  4. 4Any related subcontracts or consultant agreements

How a referral works

  1. 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
  2. 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
  3. 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
  4. 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.

NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights

Frequently asked questions

What does the lawyer charge?

A typical Ontario fee for this service is $800–$2,500, plus HST. The lawyer quotes the actual fee before any work starts. You pay the lawyer directly; the referral itself costs you nothing.

Are CCDC contracts ready to sign as is?

They are widely used standard forms, but most projects add supplementary conditions. Those changes can shift risk significantly, so a review is worthwhile.

Can a contract override the Construction Act?

Many parts of the Act, such as lien, holdback and prompt payment rules, generally cannot be contracted out of. The lawyer can check that your contract fits the Act.

General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.

Important limitations

  • No outcome can be guaranteed
  • Statutory and contract deadlines keep running during a referral
  • The lawyer confirms the scope, fee and steps in a written retainer before starting
Law Society of Ontario — Barreau de l'Ontario
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