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…
Incorporation of main contract by reference in the subcontract
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…
How are such damages measured?
Review includes prompt payment issues in construction sector
Building, Fire Code review
Principle underlies every commercial contract
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,…
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…
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…
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…
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…
Beware of what you warrant
Unfettered Discretion, Reasonableness and Good Faith
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…
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.…
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…
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…
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…
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…
