On-Site Magazine

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Law

Feature Article Law

Contractors & the Law: An estimate is never “just an estimate”

February 28, 2017 Krista Johanson

Risk allocation under cost-plus contracts is not always well understood by the parties who enter into them. Contractors sometimes believe they are entitled to payment for all costs incurred to perform the work, and owners sometimes believe a contractor is

News ConstructionLaw

BLG report: Top 10 legal risks for business in 2017

January 5, 2017 On-Site Magazine

Borden Ladner Gervais LLP (BLG) has released its annual thought leadership report, forecasting the top 10 legal risks for business in 2017. The firm expanded the report this year to provide deeper insight into the key trends and regulatory changes that

Feature Article ConstructionLaw

Law Column: Ledcor Construction vs. Northbridge Indemnity Insurance Co.

December 20, 2016 David Miachika and Alexander Bjornson

Builders’ Risk (or Course of Construction) insurance policies are commonplace on construction projects. Although they provide coverage for physical loss or damage to ongoing construction works, these policies typically include a “defects” exclusion for faulty or defective workmanship, materials or

News Law

Law Column: Provide notice of intention to bring a claim

October 14, 2016 John Pratt & Kristen Withers

Many construction contracts include a provision requiring parties to the contract to provide reasonable notice of potential claims they might bring for delays, defects in the work or other damages. These provisions often include time limits for giving notice, and

News ConstructionInfrastructureLaw

Guilty plea in bid-rigging conspiracy leads to $100,000 fine

October 11, 2016 On-Site Magazine

Construction Benvas Inc. pleaded guilty and was ordered to pay a $100,000 fine for its role in a bid-rigging conspiracy involving an infrastructure repair project in Saint-Jean-sur-Richelieu. In May 2008, Construction Benvas Inc. and CIV-BEC Inc., the winning bidder, signed an

News ConstructionLaw

Ontario government releases Construction Lien Act Report

September 28, 2016 On-Site Magazine

The Ontario government plans to introduce legislation next spring that will modernize the province’s construction industry, which accounted for 6.7 per cent of Ontario’s GDP in 2015. Over the past 18 months, construction law experts Bruce Reynolds and Sharon Vogel of Borden

News ConstructionLaw

SNC-Lavalin reaches agreement with Commissioner of Canada Elections

September 8, 2016 On-Site Magazine

SNC-Lavalin has announced that it has reached a compliance agreement with the Commissioner of Canada Elections (the “Commissioner”) in relation with an investigation by the Commissioner regarding the reimbursement, to people associated with the company, of contributions made to federal

The Pillars of Justice stand in a Toronto park not far from the future site of a new courthouse. AECOM has been awarded the planning, design, and compliance contract. An RFP for the AFP project will be issued in the spring.
Feature Article ConstructionLaw

Contractors and the Law: The importance of bid compliance

August 29, 2016 Matthew Swanson and Alexander Bjornson

Tendering is often a complex and hurried process, and sometimes mistakes are made. In the recent case of True Construction Ltd. vs. Kamloops (City), the British Columbia Supreme Court and the Court of Appeal considered a number of issues relating

Feature Article ConstructionLaw

Substantial compliance can be pretty strict: complying with terms of tender

June 22, 2016 Dirk Laudan & John Pratt

  A “discretion clause” in terms of tender can give the owner the discretion to overlook technical non-compliance by bids, and allow them to accept bids unless they are materially or substantially non-compliant. Notwithstanding this, a decision by the British Columbia

Feature Article Law

Is there an L&M bond? Maybe you should ask . . .

April 26, 2016 By Dirk Laudan & Alexander Bjornson

Labour and material payment bonds protect unpaid subcontractors where the contractor that hired them becomes insolvent or otherwise fails to make payment. The protection provided by such bonds can vanish, however, when claimants do not know about them. Many construction

News ConstructionLabourLaw

Steel industry wants prompt payment legislation and local content rules

April 6, 2016 On-Site's sister publication Canadian Consulting Engineer

Delegates from the Canadian Institute of Steel Construction (CISC) visited Parliament Hill in Ottawa in March to lobby for prompt payment legislation. It also wants local procurement policies for infrastructure projects. First CISC is requesting that the government enact Federal

Feature Article ConstructionLaw

Construction Law: When is a contractor’s extra work a compensable “extra”?

March 18, 2016 Robin Davis & John Pratt

Even in the face of the most comprehensive construction contracts, an owner may request that the contractor performs additional work that is not expressly included in the original agreement. Should the owner make such a request, two questions will likely

News Construction MaterialsGreen ConstructionLawLEED

New National Energy Code for buildings

March 15, 2016 On-Site Magazine

New buildings in Canada will become more energy efficient with the introduction of some 90 changes to the National Energy Code of Canada for Buildings 2015. “As Canada’s go-to research and technology organization, the National Research Council is providing Canadians

News ConstructionHealth & SafetyLabourLawRisk Management

Improper site sanitation can spread disease: Video

February 19, 2016 On-Site Magazine

Clean-up and toilet facilities are probably the last place you would look for hazards on construction sites. Inadequate facilities are a major cause of the spread of diseases to construction workers and their families, according to the Ontario Ministry of

Feature Article ConstructionLaw

Contractor claims for owner interference

February 10, 2016 By: John Pratt and Lauren Kristjanson

Regardless of its size or scope, two elements are essential to a contractor’s ability to successfully complete any construction project: access to the work site; and the freedom to carry out the work without interference. An owner’s attempt to constrain

News BridgesConstructionInfrastructureLawRoads

CSA standard for bridge construction updated

January 20, 2016 On-Site Magazine

According to the Ontario Ministry of Transportation, the 2014 edition of CSA S6 – Canadian Highway Bridge Design Code will be mandated in legislation for use in Ontario beginning in this month. The 11th edition of CSA S6 applies to

News ConstructionConstruction MaterialsHealth & SafetyLabourLaw

Construction manager jailed for fatal swing stage accident

January 11, 2016 On-Site Magazine

4 workers fell 13 storeys to their death Christmas Eve, 2009

Justice France Charbonneau
News ConstructionInfrastructureLawRisk ManagementSkills Development

Corruption in Quebec construction sector included gangs, mafia: Charbonneau

November 25, 2015 by On-Site Magazine

Corruption in the Quebec construction industry was far more widespread than originally feared, with organized crime, including biker gangs and the Mafia, infiltrating much of the sector, a long-awaited report from the Charbonneau Commissionrevealed on Tuesday. The 1,600 page report

News ConstructionLawRisk Management

Quebec’s municipal auditors’ association to study Commission report

November 25, 2015 by On-Site Magazine

The Association of Municipal Auditors General of Quebec (AVGMQ) will study and comment on the report from the Commission of Inquiry into the awarding and managing of public contracts in the construction industry. AVGMQ filed a brief with the Commission on July 7,

News ConstructionHealth & SafetyLaw

Manitoba modifying workers’ compensation guidelines

November 13, 2015 STAFF REPORT

The Workers Compensation Board of Manitoba (WCB) is introducing changes to its current rate model to enhance fairness and balance. Following consultations that were conducted with stakeholders last year, improvements were recommended and compiled into a report. “We gathered feedback from