Topic
Law
COVID-19: When is relief available for impossibility of performance?
June 1, 2020 Laura DelemereOn March 11, the World Health Organization made the assessment that COVID-19 could be characterized as a pandemic. The health, social and economic impacts of the virus, as well as the unprecedented nature of the government measures adopted in response…
Constructing in a COVID-19 world: Looking forward
May 19, 2020 Douglas R. SandersThe pandemic is expected to lead to lasting change for construction both on and off the job site
Unanticipated site conditions and exclusionary clauses: Who is responsible?
April 21, 2020 Erin CuttsA contractor’s ability to anticipate site conditions is critical to the success of any construction project. Indeed, the cost of the work provided for in the construction contract is typically predicated (at least in part) upon certain assumptions made by…
New B.C. order clarifies it’s ‘business as usual’ under province’s Builders’ Lien Act
April 15, 2020 by David KennedyA new ministerial order in British Columbia has cleared up uncertainty in the construction industry and clarified it’s “business as usual” when it comes to the province’s Builders’ Lien Act. In response to the COVID-19 pandemic March 26, Minister of…
Ontario amends COVID-19 emergency order preventing contractors, suppliers from getting holdback
April 13, 2020 David KennedyHoldback typically makes up the bulk of a contractor’s operating capital. Not receiving it has caused serious cash flow problems across the industry
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…