Topic
Law
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
Doing things differently: Getting ready for prompt payment and adjudication
August 20, 2019 Arif GhaffurThe Striking the Balance Report, delivered back in 2016, was the catalyst for Ontario to modernize its Construction Lien Act, which had been last reviewed in the early 1980s. As part of a wide-ranging review, this report also addressed the…
Mandatory adjudication: What Ontario can expect based on the U.K. experience
August 13, 2019 Robert Wilson and Marie-Ève CaissyOn October 1st, Ontario will implement the final phase of extensive amendments to modernize and update its Construction Act. Among the most significant of these amendments is the implementation of a mandatory dispute adjudication system that allows parties to refer…
Ottawa’s new prompt payment rules become law, firming up pay schedule for federal construction jobs
June 24, 2019 by David KennedyThe rules are expected to benefit both general contractors and subcontractors, which can face cash flow problems if they aren’t paid quickly enough for work on major projects
Ontario construction industry prepares for new prompt payment, adjudication rules expected to bring ‘profound’ change
June 11, 2019 David KennedyTORONTO—Contractors, subcontractors, owners, construction lawyers and a wide range of other stakeholders in Ontario’s construction industry have four final months to prepare for one of the most significant changes to the province’s building industry in years. After a long series…
Getting ready to take off: New rules to consider when using drones on construction sites
June 11, 2019 Katherine Ayre and Adrienne HoDrones can be valuable, cost-effective tools on construction sites. Typically used to conduct aerial surveys or collect data, they can also carry bitumen printers and transport payloads across long distances. As of June 1, 2019, however, drones will be subject…