Where a claim arises during the course of a construction project, the party making the claim must provide the other party with timely and proper notice, or risk the claim … Read More
When disputes arise on a construction project, they cannot always be resolved without a formal legal action. There are two main types of legal proceedings – litigation and arbitration.
For a … Read More
As the construction industry continues to face rising costs and the influence of transformative technologies, it is increasingly important for participants on major projects to proactively consider options to mitigate … Read More
Manitoba recently introduced Bill 38, The Builders’ Lien Amendment Act (Prompt Payment). If passed, Bill 38 would bring Manitoba in line with Ontario, Alberta and Saskatchewan, which have enacted similar … Read More
There are now three years of statistics available on Ontario’s construction adjudication system. These statistics indicate potential implications for the future of construction adjudication through Ontario and Western Canada, where … Read More
On August 29, 2022, Bill 37: The Builders’ Lien (Prompt Payment) Amendment Act, 2020 will come into force, which represents the most significant overhaul to the builders’ lien regime that … Read More
Authors: Jodi Wildeman, K.C., Bennet Misskey
Tort law imposes duties on contractors to construct buildings safely and free from dangerous defects. But do those duties extend to a developer that did not play a hands-on … Read More
Authors: Andrew Konopelny, John Dipple, Nicole Graham
The Ontario Dispute Adjudication for Construction Contracts (“ODACC”) recently released its 2021 Report. The ODACC annual report offers insight and guidance into what the construction industry in … Read More
Standard form contracts published by trusted bodies such as the CCDC and the CCA 1 provide well-known and understood starting points for the contractual relationships involved in completing a project. … Read More
The Saskatchewan Court of Appeal recently released its decision in Regina Bypass Design Builders v Supreme Steel LP, 2021 SKCA 82 (“Regina Bypass”). The decision provides clarification on the interpretation … Read More
