On February 5, 2026, Pro-Demnity Insurance Company (the mandatory professional liability insurer for Ontario architects) published an article titled “Who Decides that a Contractor is in Default? A Guide for Architects”.[i] The message to architects administering construction contracts is unequivocal: under no circumstances should an architect make a determination that a contractor is in default or issue a Notice of Default. This is because a finding of default is, in substance, a legal opinion as to whether a contractor is in breach of contract – and architects are not in the business of giving legal opinions.
Pro-Demnity’s guidance is directed at architects insured under its mandatory program, but the implications reach much further. Engineers, contract administrators, and other design professionals working in Ontario should all take note.