On-Site Magazine


Article Law

COVID-19: When is relief available for impossibility of performance?

June 1, 2020 Laura Delemere

On 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

News ConstructionLaw

Constructing in a COVID-19 world: Looking forward

May 19, 2020 Douglas R. Sanders

The pandemic is expected to lead to lasting change for construction both on and off the job site

Article Law

Unanticipated site conditions and exclusionary clauses: Who is responsible?

April 21, 2020 Erin Cutts

A 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

News Law

New B.C. order clarifies it’s ‘business as usual’ under province’s Builders’ Lien Act

April 15, 2020 by David Kennedy

A 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

News Law

Ontario amends COVID-19 emergency order preventing contractors, suppliers from getting holdback

April 13, 2020 David Kennedy

Holdback typically makes up the bulk of a contractor’s operating capital. Not receiving it has caused serious cash flow problems across the industry

News Health & SafetyLaw

No precedents put construction in ‘uncharted waters’ on force majeure clauses, coronavirus

March 19, 2020 by David Kennedy

The 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

Article Law

Carrying out construction work in Québec: What you should know

March 17, 2020 Gabriel Lefebvre, Audrey Alarie and Dayeon Min

With 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

Article Law

Spoliation and the risk of remediation

February 19, 2020 Grant Mayovsky and Siobhan Small

Spoliation 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

News ConstructionInfrastructureLaw

Think before you sue: Lawsuits can disqualify bidders on new projects

February 18, 2020 Laura Brazil and Christina Kim, McMillan LLP

Critics say the court decision against a B.C. contractor could have a chilling effect on construction companies’ use of the courts

News Law

Supreme Court: Can a corporation be subjected to cruel and unusual punishment?

January 28, 2020 Jennifer Quaid

This 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,

News InfrastructureLaw

Supreme Court dismisses B.C.’s appeal in Trans Mountain pipeline case

January 16, 2020 Mia Rabson, The Canadian Press

The decision puts another of the pipeline’s hurdles behind it. Construction is underway, though some barriers remain

News Law

Former SNC-Lavalin exec Sami Bebawi gets 8.5 years for fraud, corruption

January 11, 2020 Sidhartha Banerjee, The Canadian Press

MONTREAL—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

News ConstructionLaw

UN racism committee calls for halt to construction on Site C, Trans Mountain and LNG pipeline

January 8, 2020 Laura Kane, The Canadian Press

VANCOUVER—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

News Law

Construction groups critical of Supreme Court dismissal of case tied to ‘reprisal clauses’

December 30, 2019 by David Kennedy

The CCA and NTCCC say “reprisal clauses” force contractors to make a choice between exercising their legal rights and winning future work

Article Law

Supreme Court of Canada set to revisit the duty of honest performance of contracts

December 16, 2019 Sonny Ingram

In 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

News Law

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 Press

MONTREAL—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

News InfrastructureLaw

Federal law at heart of western anger up for debate as Liberals begin outreach

November 23, 2019 Stephanie Levitz, The Canadian Press

OTTAWA—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

News Law

New head of Quebec anti-corruption police admits to ‘failure,’ vows to do better

November 14, 2019 The Canadian Press

QUEBEC—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

News Law

What construction stakeholders need to know to navigate Ontario’s new adjudication regime

November 11, 2019 Catherine DiMarco

Adjudication is intended to be a “swift justice” process for parties to resolve payment disputes

Article Law

The ‘prevention principle’ in contracts – schedule extensions and liquidated damages

October 7, 2019 Dirk Laudan and Siobhan Small

The 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