On-Site Magazine

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

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 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

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

Article ConstructionLaw

Construction Law: When is a contractor’s extra work a compensable “extra”?

March 18, 2016 Robin Davis & John Pratt

Even in the face of the most comprehensive construction contracts, an owner may request that the contractor performs additional work that is not expressly included in the original agreement. Should the owner make such a request, two questions will likely