Topic
Law
No precedents put construction in ‘uncharted waters’ on force majeure clauses, coronavirus
March 19, 2020 by David KennedyThe Canadian construction industry is entering “uncharted waters” as provincial governments declare states of emergency and Ottawa closes the country’s borders to all but vital supplies to limit the spread of COVID-19, or coronavirus. Currently, job sites remain active, but…
Carrying out construction work in Québec: What you should know
March 17, 2020 Gabriel Lefebvre, Audrey Alarie and Dayeon MinWith far different regulations than most other Canadian provinces, Québec presents a unique challenge for contractors from other jurisdictions looking to take on work in the province. While it is by no means exhaustive, this article aims to summarize the…
Spoliation and the risk of remediation
February 19, 2020 Grant Mayovsky and Siobhan SmallSpoliation is a defense raised in litigation when a plaintiff has intentionally destroyed evidence, depriving the defendant of support for its position. In general, destruction of evidence alone does not establish spoliation. The plaintiff must have intended to affect the…
Think before you sue: Lawsuits can disqualify bidders on new projects
February 18, 2020 Laura Brazil and Christina Kim, McMillan LLPCritics say the court decision against a B.C. contractor could have a chilling effect on construction companies’ use of the courts
Supreme Court: Can a corporation be subjected to cruel and unusual punishment?
January 28, 2020 Jennifer QuaidThis article was originally published on The Conversation, an independent and nonprofit source of news, analysis and commentary from academic experts. Disclosure information is available on the original site. Yes, you read that headline right. As far-fetched as it sounds,…
Supreme Court dismisses B.C.’s appeal in Trans Mountain pipeline case
January 16, 2020 Mia Rabson, The Canadian PressThe decision puts another of the pipeline’s hurdles behind it. Construction is underway, though some barriers remain
Former SNC-Lavalin exec Sami Bebawi gets 8.5 years for fraud, corruption
January 11, 2020 Sidhartha Banerjee, The Canadian PressMONTREAL—Former SNC-Lavalin executive Sami Bebawi was sentenced to eight years and six months in prison Jan. 10, wrapping up the last of the criminal cases brought against the engineering giant and its former employees involved in fraud and corruption in…
UN racism committee calls for halt to construction on Site C, Trans Mountain and LNG pipeline
January 8, 2020 Laura Kane, The Canadian PressVANCOUVER—A United Nations committee working to end racism is urging Canada to immediately stop the construction of three major resource projects until it obtains approval from affected First Nations. The Committee on the Elimination of Racial Discrimination, which monitors a…
Construction groups critical of Supreme Court dismissal of case tied to ‘reprisal clauses’
December 30, 2019 by David KennedyThe CCA and NTCCC say “reprisal clauses” force contractors to make a choice between exercising their legal rights and winning future work
Supreme Court of Canada set to revisit the duty of honest performance of contracts
December 16, 2019 Sonny IngramIn 2014, the Supreme Court of Canada released its decision in Bhasin v. Hrynew, which recognized a new duty that applies to all contracts: a duty of honest performance, requiring parties to be honest with each other in relation to…
Jury finds former SNC-Lavalin executive Sami Bebawi guilty on all charges, including fraud, corruption
December 16, 2019 Roxanne Ocampo and Sidhartha Banerjee, The Canadian PressMONTREAL—A former SNC-Lavalin executive was found guilty Dec. 15 of paying off foreign officials and pocketing millions as he worked to secure contracts for the Canadian engineering company in Libya. On the fourth day of deliberations, a jury found Sami…
Federal law at heart of western anger up for debate as Liberals begin outreach
November 23, 2019 Stephanie Levitz, The Canadian PressOTTAWA—Prime Minister Justin Trudeau quickly backed up his pledge for more dialogue with the West, opening his Nov. 21 meeting with Calgary’s mayor up to the two members of his government now entrusted with being ambassadors to the region. Manitoba…
New head of Quebec anti-corruption police admits to ‘failure,’ vows to do better
November 14, 2019 The Canadian PressQUEBEC—The new head of Quebec’s anti-corruption squad is seeking to assure the public he can restore trust in his embattled institution following years of criticism and problems that have marred the reputation of the once-respected police unit. Frederick Gaudreau, recently…
What construction stakeholders need to know to navigate Ontario’s new adjudication regime
November 11, 2019 Catherine DiMarcoAdjudication is intended to be a “swift justice” process for parties to resolve payment disputes
The ‘prevention principle’ in contracts – schedule extensions and liquidated damages
October 7, 2019 Dirk Laudan and Siobhan SmallThe owner of an infrastructure project agreed to provide engines for the contractor to install, and their installation was on the contractor’s critical path. Because of supplier problems, the engines failed to arrive on time. The owner knew this would…
Non-permanent construction materials and rental equipment: To lien or not to lien
September 30, 2019 Tim SportschuetzA number of construction industry participants subscribe to the principle that contractors (and subcontractors) who provide to a construction site non-permanent rental equipment or materials do not have builders’ lien rights. In this article, I discuss whether the British Columbia…
The ‘proper invoice’: What parties to a construction project need to know
September 23, 2019 Catherine DiMarcoThe new prompt payment provisions under section I.1 of Ontario’s Construction Act (formerly called the Construction Lien Act) are scheduled to come in to effect on October 1, at the same time as Part II.1, which includes the adjudication provisions.…
‘They really hate us’: New prompt payment rules may help mend relationship between GCs, subtrades
September 16, 2019 David KennedyTension between separate levels of the construction industry is part of the business. Legal changes may relieve one major source of strain
Alberta asks court whether environmental assessment process for major construction projects is constitutional
September 11, 2019 Rob Drinkwater, The Canadian PressEDMONTON—The Alberta government has asked the province’s Appeal Court to rule on whether Ottawa’s new way of handling environmental assessments for major construction projects such as pipelines is constitutional. The government filed its challenge with the court Sept. 10. It…
How prompt payment and adjudication rules will impact relationships throughout the construction payment chain
September 3, 2019 Sandra SkivskyNew rules for construction payments are likely to cause some short-term pain, but the changes also offer an opportunity for a culture shift throughout the industry