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NTCCC supports federal government prompt payment legislation

January 31, 2018 by Jillian Morgan

The National Trade Contractors Coalition of Canada (NTCCC) has announced its support of the federal government’s plan to legislate prompt payment for all federal construction projects. “Trade contractors have been encouraging the government to take action on this initiative for

News Law

Quebec settles lawsuit over Montreal hospitals

January 10, 2018 Ross Marowits

The Quebec government is paying $233 million to settle lawsuits over extra costs related to the construction of two Montreal hospitals, one of which is at the centre of bribery allegations involving a former chief executive of SNC-Lavalin. The province

Article ConstructionLaw

What is the holdback anyway?

December 15, 2017 Dirk Laudan

One of the basic elements in builders lien law in British Columbia is the 10 per cent mandatory holdback. Anyone making a payment on account of a construction contract or subcontract is entitled to retain, from those payments, 10 per

News ConstructionLaw

SNC Lavalin reaches agreement to repay Quebec municipalities for contracts

December 11, 2017 The Canadian Press

Engineering giant SNC-Lavalin has reached agreement to pay restitution to seven Quebec municipalities for obtaining contracts through questionable means. Neil Bruce, CEO of the Montreal-based engineering and construction firm, says the settlements under the province’s voluntary reimbursement program are “final

News ConstructionLaw

Construction Lien Amendment Act passes second reading

October 5, 2017 by Corinne Lynds

TORONTO – Today, Bill 142, the Construction Lien Amendment Act, passed second reading, with a unanimous vote, at Queen’s Park and it moves to the committee stage for consideration. Bill 142 was introduced this past spring and worked on over

Article Law

Contractors and the Law: Breaking up is hard to do

June 20, 2017 Krista Johanson

A recent Ontario court decision illustrates the expected – and unexpected – challenges that arise when one party wishes to end a contractual relationship. In Bombardier Transportation Canada Inc. v. Metrolinx, 2017 ONSC 2372, Bombardier had entered into a $770-million contract

News ConstructionLaw

How do changes to Ontario’s Construction Lien Act affect you?

June 5, 2017 Borden Ladner Gervais LLP

TORONTO – On June 1st Borden Ladner Gervais LLP (BLG) announced that the Ontario government is modernizing its Construction Laws following the expert review of Ontario’s Construction Lien Act conducted by Bruce Reynolds, leader of BLG’s International Construction Projects Group, and

News ConstructionLaw

The Canada Prompt Payment Act passes 3rd reading in the Senate

May 9, 2017 On-Site Magazine

Ottawa, ON – The Senate Passed Bill S-224, the Canada Prompt Payment Act, Senator Don Plett’s Bill addressing the systemic problem of delays in the construction industry. The Act will ensure contractors and sub-contractors on federal government construction work are

Article ConstructionLaw

Law column: Concurrent delay remains a thorny issue

April 19, 2017 Robin Davis

Despite the best intentions of all parties involved on a construction project, it should come as no surprise that delays occur. Where a delay can be clearly attributed to a single party, the appropriate remedy is relatively easy to determine.

Article Law

Contractors & the Law: An estimate is never “just an estimate”

February 28, 2017 Krista Johanson

Risk allocation under cost-plus contracts is not always well understood by the parties who enter into them. Contractors sometimes believe they are entitled to payment for all costs incurred to perform the work, and owners sometimes believe a contractor is

News ConstructionLaw

BLG report: Top 10 legal risks for business in 2017

January 5, 2017 On-Site Magazine

Borden Ladner Gervais LLP (BLG) has released its annual thought leadership report, forecasting the top 10 legal risks for business in 2017. The firm expanded the report this year to provide deeper insight into the key trends and regulatory changes that

Article ConstructionLaw

Law Column: Ledcor Construction vs. Northbridge Indemnity Insurance Co.

December 20, 2016 David Miachika and Alexander Bjornson

Builders’ Risk (or Course of Construction) insurance policies are commonplace on construction projects. Although they provide coverage for physical loss or damage to ongoing construction works, these policies typically include a “defects” exclusion for faulty or defective workmanship, materials or

News Law

Law Column: Provide notice of intention to bring a claim

October 14, 2016 John Pratt & Kristen Withers

Many construction contracts include a provision requiring parties to the contract to provide reasonable notice of potential claims they might bring for delays, defects in the work or other damages. These provisions often include time limits for giving notice, and

News ConstructionInfrastructureLaw

Guilty plea in bid-rigging conspiracy leads to $100,000 fine

October 11, 2016 On-Site Magazine

Construction Benvas Inc. pleaded guilty and was ordered to pay a $100,000 fine for its role in a bid-rigging conspiracy involving an infrastructure repair project in Saint-Jean-sur-Richelieu. In May 2008, Construction Benvas Inc. and CIV-BEC Inc., the winning bidder, signed an

News ConstructionLaw

Ontario government releases Construction Lien Act Report

September 28, 2016 On-Site Magazine

The Ontario government plans to introduce legislation next spring that will modernize the province’s construction industry, which accounted for 6.7 per cent of Ontario’s GDP in 2015. Over the past 18 months, construction law experts Bruce Reynolds and Sharon Vogel of Borden

News ConstructionLaw

SNC-Lavalin reaches agreement with Commissioner of Canada Elections

September 8, 2016 On-Site Magazine

SNC-Lavalin has announced that it has reached a compliance agreement with the Commissioner of Canada Elections (the “Commissioner”) in relation with an investigation by the Commissioner regarding the reimbursement, to people associated with the company, of contributions made to federal

The Pillars of Justice stand in a Toronto park not far from the future site of a new courthouse. AECOM has been awarded the planning, design, and compliance contract. An RFP for the AFP project will be issued in the spring.
Article ConstructionLaw

Contractors and the Law: The importance of bid compliance

August 29, 2016 Matthew Swanson and Alexander Bjornson

Tendering is often a complex and hurried process, and sometimes mistakes are made. In the recent case of True Construction Ltd. vs. Kamloops (City), the British Columbia Supreme Court and the Court of Appeal considered a number of issues relating

Article ConstructionLaw

Substantial compliance can be pretty strict: complying with terms of tender

June 22, 2016 Dirk Laudan & John Pratt

  A “discretion clause” in terms of tender can give the owner the discretion to overlook technical non-compliance by bids, and allow them to accept bids unless they are materially or substantially non-compliant. Notwithstanding this, a decision by the British Columbia

Article Law

Is there an L&M bond? Maybe you should ask . . .

April 26, 2016 By Dirk Laudan & Alexander Bjornson

Labour and material payment bonds protect unpaid subcontractors where the contractor that hired them becomes insolvent or otherwise fails to make payment. The protection provided by such bonds can vanish, however, when claimants do not know about them. Many construction

News ConstructionLabourLaw

Steel industry wants prompt payment legislation and local content rules

April 6, 2016 On-Site's sister publication Canadian Consulting Engineer

Delegates from the Canadian Institute of Steel Construction (CISC) visited Parliament Hill in Ottawa in March to lobby for prompt payment legislation. It also wants local procurement policies for infrastructure projects. First CISC is requesting that the government enact Federal