Topic
Law
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…
Judge rules SNC-Lavalin headed to trial on charges of fraud, corruption
May 29, 2019 The Canadian PressMONTREAL—A Quebec judge has ruled that SNC-Lavalin Group Inc. is headed to trial on charges of fraud and corruption. The decision is the latest step in criminal proceedings that began last fall after the Montreal-based engineering and construction giant failed…
Construction tendering 101
April 22, 2019 Ivona Zegrean and Alexander SpraggsBy replacing negotiation with competition, the tendering process in construction is intended to bring more certainty, fairness and efficiency to the allocation of contracts. Despite this, the tendering system is an idiosyncratic mechanism, giving rise to certain obligations that may…
Manitoba Premier launches review of construction approval process at Winnipeg City Hall
April 20, 2019 Steve Lambert, The Canadian PressWINNIPEG—The Manitoba government is launching an independent review of how Winnipeg city hall approves and inspects construction projects and property development, to address what Premier Brian Pallister says is a drag on the economy. Pallister also offered April 18 to…
Toronto noise bylaw amendment puts 7,000 jobs, high-rise development at risk, construction groups warn
April 10, 2019 by David KennedyTORONTO—A proposed amendment to Toronto’s noise bylaw that would restrict builders from pouring concrete or conducting heavy crane work after 7 p.m. puts thousands of jobs at risk and threatens to slow high-rise development across the city to a crawl,…
SNC-Lavalin CEO says he never cited job losses in push for remediation agreement
March 20, 2019 Ross Marowits, The Canadian PressTORONTO—The chief executive of SNC-Lavalin Group Inc. says he never cited the protection of 9,000 Canadian jobs as a reason the company should be granted a remediation agreement to avoid a criminal trial on allegations it paid millions of dollars…
Liberal-dominated justice committee ends SNC-Lavalin probe amid opposition howls
March 19, 2019 Mike Blanchfield, The Canadian PressOTTAWA—The Liberal-dominated justice committee of the House of Commons pulled the plug March 19 on its probe of the SNC-Lavalin affair, prompting fresh howls of opposition outrage and a walkout by Conservative MPs from the government’s budget presentation later in…
WSP ordered to pay fine for bid rigging on Quebec contracts as it bolsters backlog to $7.7B
March 14, 2019 The Canadian PressOTTAWA—Engineering firm WSP Global Inc. has been ordered to pay $4 million for bid-rigging on municipal infrastructure contracts in Quebec, according to the Competition Bureau. Canada’s competition watchdog said March 13 the payment is part of a settlement filed with…