Category: Construction

Pay When Paid Clauses: How Do They Hold Up?

June 9, 2016

Courts in Alberta and Ontario have recently released two notable decisions on “pay when paid” clauses: Sprague Rosser Contracting Co. Ltd. v. EOS Pipeline & Facilities Inc., (EOS Pipeline) and 6157734 Canada Inc. v. Bluelime Enterprises Inc. (Bluelime Enterprises). In EOS Pipeline, one of the only-reported Alberta decisions on pay when paid clauses, the Court of Queen’s Bench of Alberta…

Amendments to the Integrity Regime – A Step in the Right Direction

April 27, 2016

On April 4, 2016, Public Services and Procurement Canada (PSPC) (formerly known as Public Works and Government Services Canada) made a number of important amendments to the Integrity Regime governing procurement and real property transactions with the Government of Canada. The Integrity Regime was unveiled in July 2015 and replaced its much maligned predecessor, the Integrity Framework. For a discussion…

Alberta Court of Appeal Finds That Certificate of Lis Pendens to Perfect Builders’ Lien May Not Be Required

July 8, 2015

  In a recent decision, TRG Developments Corp. v. Kee Installations Ltd. (TRG Developments), the Alberta Court of Appeal (Court) was required to determine whether the failure to register a certificate of lis pendens (CLP) within 180 days after registering a builders’ lien means, in all circumstances, that the lien ceases to exist.   The Court ruled that if an…

Dazed and Confused: Alberta Arbitration Board Disagrees on How to Apply Top Court Ruling on Alcohol and Drug Testing

June 12, 2014

The Alberta Arbitration Board’s (Board) decision on random alcohol and drug testing in Unifor, Local 707A v. Suncor Energy Inc., Oil Sands has attracted significant media attention and commentary, following in the wake of the Supreme Court of Canada’s ruling on random alcohol testing last year. A majority of the Board held that Suncor Energy’s proposed implementation of random alcohol and drug…

Province Launches Independent Review of Ontario Construction Lien Act

April 21, 2014

  On March 28, 2014, the Province of Ontario announced that it will be appointing an independent third party to review the Construction Lien Act. The review is in response to feedback which the province received from interested parties during public hearings on Bill 69, the Prompt Payment Act, 2014, a private member’s bill which received first and second readings in the…

Terminating Construction Contracts: Practical Advice for Owners

November 21, 2013

Terminations of the contracts of non-performing or under-performing contractors occur in a variety of circumstances on construction projects. This seminar will provide an overview of the law relating to contract terminations and will suggest practical tips for owners and others to manage the terminations and to resolve claims that may arise in a cost-efficient way. Please join members of our…