On-Site Magazine

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Law

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

News ConstructionLaw

SNC-Lavalin responds to arrest of former CEO

November 30, 2012 On-Site staff

SNC-Lavalin recently responded to the arrest of its former CEO Pierre Duhaime. The Montreal-based engineering firm released this statement on Nov. 28 in response to Duhaime’s arrest: “We have just been informed of the arrest of Pierre Duhaime. We have

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EllisDon launches Uprising

October 29, 2012 On-Site staff

EllisDon has launched Uprising, a crowdsourcing platform that has the potential to revolutionize construction problem solving. Uprising was created by EllisDon to “push problem-solving beyond the boundaries of any one company and into the collective intelligence of the world’s brightest

News ConstructionConstruction MaterialsFinancingLaw

VIDEO: Former Montreal engineer testifies at Charbonneau commission

October 25, 2012 On-Site staff

A recent CBC News report covering the Charbonneau commission states that Gilles Surprenant, a former City of Montreal engineer that admittedly accepted $600,000 in bribes over a 20-year period, testified that reporting corruption to the police wasn’t his job and

News BridgesConstructionConstruction MaterialsInfrastructureLaw

Bridge and shoreline construction law changes proposed

October 18, 2012 On-Site staff

The Government of Canada introduced amendments to the Navigable Waters Protection Act designed to reduce “red tape” for bridge work, a move that is music to the ears of the Canadian Construction Association (CCA). The CCA stated that the amendments

News ConstructionFinancingInfrastructureLaw

VIDEO: Montreal suspends $75M in contracts following corruption allegations

October 4, 2012 On-Site staff

The City of Montreal has suspended approximately $75 million in new infrastructure contracts to allow the provincial government time to make changes to Bill 35, the law that states how public contracts are awarded, according to a recent CBC News

News BridgesCompact EquipmentConcreteConstructionHeavy EquipmentLawSkills Development

College of Trades releases apprenticeship ratio reviews

October 1, 2012 On-Site staff

The Ontario College of Trades has published its first grouping of apprenticeship ratio review reports. Group A reports looked at journeyperson to apprentice ratios for the following compulsory trades:  Group A – 1: Floor covering installer Group A – 2:

Article Law

Preparing for delays

October 1, 2012 Matthew Swanson and Krista Johanson

A major challenge for all parties involved in a construction project is managing the schedule. Delays, if they occur, can result in increased expenses, compromised profits or other losses. Where there is delay, compensation may be available. However, because delay claims

News ConstructionInfrastructureLawSkills Development

Bird Construction Inc. announces cancellation of $95M contract

August 31, 2012 On-Site staff

Bird Construction Inc. recently issued a statement saying that the company has been verbally notified that its $95-million contract with Alberta Infrastructure to build the Alberta Public Safety and Law Enforcement Training Centre in Fort Macleod, Alta. has been cancelled. The

Article Law

Top 10 ways to lose money to fraud

August 1, 2012 Chris Eagles and Ross McGowan

The construction industry could be described as perfectly constituted for commission of fraud.  The contracts are typically unique and large value, the job sites are busy and sometimes chaotic and the opportunity for monitoring and controls are always challenging. Relationships between those that hand out the contracts

Article Law

Whose design is it anyway?

June 1, 2012 Chris Eagles and Brad Woods

A common feature of most construction contracts is the inclusion of a detailed specification, prepared by the owner or the owner’s consultant, describing the requirements for the work to be performed by the contractor. Where performance problems arise in connection

Article Law

Canada’s new Anti-spam & Online Fraud Act

April 1, 2012 Chris Eagles and Bradley Freedman

Canada’s new anti-spam and online fraud act (CASL) creates a comprehensive regime, of offences, enforcement mechanisms, and potentially severe penalties designed to prohibit unsolicited or misleading commercial electronic messages (CEMs) and deter other forms of online fraud. So, what are

Article Law

Pick your battles: Is ADR right for you?

April 1, 2012 Matthew Swanson and David Claassen

No party enters into a contract with the intention of getting embroiled in a lengthy legal dispute, but disputes happen, and they can be costly. In recent years, processes for resolving disputes without recourse to traditional litigation, (dubbed “alternative dispute

News ConstructionFinancingLawP3sSkills Development

What’s keeping EllisDon CEO Geoff Smith up at night?

March 13, 2012 Corinne Lynds

Part of a discussion panel at the 94th annual Canadian Construction Association conference in Savannah, Ga., Geoff Smith CEO of EllisDon identified several key issues that are scaring the sh– out of him!

News ConstructionLawSkills Development

NEB gives go-ahead for $324M Northwest Mainline Expansion Project

March 1, 2012 Andrew Snook

The National Energy Board recently gave NOVA Gas Transmission Ltd (NGTL) the green light for the Northwest Mainline Expansion Project. The $324-million project will comprise of the building and operation of three natural gas pipeline loops in northeast B.C. and

Article Law

Law: Resolve disputes out of court

March 1, 2012 Chris Eagles & Trish Morrison

Construction disputes have increased dramatically in number and complexity over the past few years. As a result of the high cost and delay commonly associated with traditional litigation, and with recent mandatory requirements to participate in a dispute resolution process,

Article Law

Avoiding IP ownership surprises

February 1, 2012 Bradley Freedman and Chris Eagles

Construction contracts often include obligations related to the ownership of the intellectual property in work product (designs and other project documents) created in connection with the project. To fulfill those obligations, businesses often include intellectual property provisions in their agreements