On-Site Magazine


British Columbia has introduced a new Building Act to establish more consistent building requirements throughout the province.
News ConstructionLaw

New Building Code introduced in British Columbia

April 8, 2015 STAFF REPORT

British Columbia has introduced a new Building Act to establish more consistent building requirements throughout the province. The construction sector has been asking for a standard approach for years as differing building requirements between jurisdictions can slow development and add

Article Law

Contractors and the Law

April 1, 2015 Lauren E. Kristjanson and Jack Finn

Incorporation of main contract by reference in the subcontract

News ConstructionInfrastructureLawSkills Development

BC Hydro Site C project should be open to all contractors and workers to bid: PCA

March 4, 2015 STAFF REPORT

Union and non-union workers and contractors deserve the right to bid and work on the massive BC Hydro Site C project, argues the Progressive Contractors Association of Canada. “Excluding progressively unionized and non-union skilled tradespersons from working on large scale

Article Law

Legal: Damages for Breach of Contract


How are such damages measured?

News ConstructionLaw

Construction Lien Act under review by Ontario government

February 13, 2015 STAFF REPORT

Review includes prompt payment issues in construction sector

The National Research Council of Canada is looking for construction experts to review building and fire codes.
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National Research Council looking for construction experts

February 13, 2015 STAFF REPORT

Building, Fire Code review

Article Law

Legal: Duty of Honesty

February 1, 2015 Krista Johanson

Principle underlies every commercial contract

News ConstructionLawRisk Management

Counter-party risk: Is there enough margin in the tank?

December 17, 2014 DAVID BOWCOTT

We are at a crossroads within the economy. On the one hand the U.S. is beginning to fire up. On the other hand China is starting to slowdown. Which path will the Canadian economy follow? Nobody can say for certain,

News ConstructionLaw

Is the sky the limit? A look at limitation of liability clauses


It is not uncommon for contracting parties to attempt to put express limits on the types of risk or damages that they may be liable for should they encounter problems on a project. In such situations, one or more of

News ConstructionLaw

Understanding arbitration agreements

September 24, 2014 MATTHEW SWANSON with files from KALIE MCCRYSTAL

Arbitration agreements have become increasingly common in commercial contracts as parties strive for certainty and control in all aspects of their business relationships. These agreements, which often consist of a single clause in a larger contract, represent a decision to resolve issues

News ConstructionLaw

Understanding Canada’s new anti-spam legislation

August 19, 2014 SEPIDEH ALAVI, with assistance from KALIE MCCRYSTAL

On July 1, Canada’s anti-spam legislation (CASL) came into effect. CASL regulates more than just traditional “spam.” The new law prohibits the sending of electronic messages, such as emails or text messages that contain a commercial element (known as Commercial

Article Law

Terminating employees without cause


The field of employment law is fraught with misconceptions concerning employee terminations. One of the most common relates to terminating employees on a without cause basis. In such situations, it’s often thought that employees are only entitled to the notice

Article LawRisk Management

Law column: defining risk in construction contracts


Beware of what you warrant

Article Law

Law Column: Discretionary clauses

February 1, 2014 Matthew Swanson and Grant Mayovsky

Unfettered Discretion, Reasonableness and Good Faith

Article Law

To terminate, or not to terminate?


Contracts do not always end well. Relationships between the parties in a contract may deteriorate for a variety of reasons—failure to meet timelines or budgets, deficient work and personality conflicts are a few of the common causes. In these difficult

Article Law

Thinking about a random alcohol testing program? Think again

August 1, 2013 Matthew Swanson and Brandon Hillis

One of the most controversial issues in workplace law is an employer’s right to implement drug or alcohol testing programs. Recently, the Supreme Court of Canada released its decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v.

Article Law

Extensions of time matter: A Primer on Time Being at Large and Acceleration

June 1, 2013 Matthew Swanson and Grant Mayovsky

Construction contracts between owners and contractors invariably require the contractor to complete its work by a specified date. Further, it is often agreed that the failure of a contractor to meet its deadline will result in a claim by the

Article Law

Terminating Employees for Cause

April 1, 2013 Matthew Swanson and Brandon Hillis

Terminating employees can be difficult, stressful and, if not done properly, expensive. This is particularly true when an employee has been terminated for cause. In such situations, the employee and the employer will often have substantially different views as to

Article Law

Law Column: Tender with care

February 1, 2013 Matthew Swanson and Bill Woodhead

Tendering is often a complex and hurried process, and sometimes mistakes are made. These errors can be costly, as contractors are generally required to submit an irrevocable bid along with bid security, which may be lost if the contractor attempts

Article Law

Getting paid

December 1, 2012 By Matthew Swanson & Blair Rebane

Getting paid is a constant concern in the construction industry, one that is heightened in tough economic times. However, even in a tough economy, you can manage your credit risk by knowing details about the party who is responsible to