Topic
Law
Counter-party risk: Is there enough margin in the tank?
December 17, 2014 DAVID BOWCOTTWe 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,…
Is the sky the limit? A look at limitation of liability clauses
October 16, 2014 MATTHEW SWANSON & BILL WOODHEADIt 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…
Understanding arbitration agreements
September 24, 2014 MATTHEW SWANSON with files from KALIE MCCRYSTALArbitration 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…
Understanding Canada’s new anti-spam legislation
August 19, 2014 SEPIDEH ALAVI, with assistance from KALIE MCCRYSTALOn 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…
Terminating employees without cause
June 1, 2014 MATTHEW SWANSON AND BRANDON HILLISThe 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…
Law column: defining risk in construction contracts
April 1, 2014 MATTHEW SWANSON and BILL WOODHEADBeware of what you warrant
Law Column: Discretionary clauses
February 1, 2014 Matthew Swanson and Grant MayovskyUnfettered Discretion, Reasonableness and Good Faith
To terminate, or not to terminate?
December 1, 2013 MATTHEW SWANSON AND BILL WOODHEADContracts 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…
Thinking about a random alcohol testing program? Think again
August 1, 2013 Matthew Swanson and Brandon HillisOne 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.…
Extensions of time matter: A Primer on Time Being at Large and Acceleration
June 1, 2013 Matthew Swanson and Grant MayovskyConstruction 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 for Cause
April 1, 2013 Matthew Swanson and Brandon HillisTerminating 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…
Law Column: Tender with care
February 1, 2013 Matthew Swanson and Bill WoodheadTendering 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
December 1, 2012 By Matthew Swanson & Blair RebaneGetting 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…
SNC-Lavalin responds to arrest of former CEO
November 30, 2012 On-Site staffSNC-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…
EllisDon launches Uprising
October 29, 2012 On-Site staffEllisDon 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…
VIDEO: Former Montreal engineer testifies at Charbonneau commission
October 25, 2012 On-Site staffA 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…
Bridge and shoreline construction law changes proposed
October 18, 2012 On-Site staffThe 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…
VIDEO: Montreal suspends $75M in contracts following corruption allegations
October 4, 2012 On-Site staffThe 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…
College of Trades releases apprenticeship ratio reviews
October 1, 2012 On-Site staffThe 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:…
Preparing for delays
October 1, 2012 Matthew Swanson and Krista JohansonA 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…