Category: Construction Dispute Resolution

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Recent Developments in Construction Law: What Will Amendments to Ontario’s Construction Lien Act Mean for Owners and Lenders?

September 12, 2017

  The Ontario government has tabled some long-awaited amendments to the Construction Lien Act. If these amendments pass, they will reshape the contracting framework for owners, contractors, design professionals, subcontractors and other participants involved in major construction projects in Ontario, including P3/AFP projects in the construction industry. Please join us as we take an in-depth look at the legislation and the…

Ontario Court Upholds Ruling Reducing Exaggerated Lien

August 18, 2017

The Ontario Superior Court of Justice (Divisional Court) recently released its decision in HMI Construction Inc. v. Index Energy Mills Road Corp., upholding a motion decision that reduces the security required to vacate liens registered under the Construction Lien Act (CLA). The decision illustrates the importance for contractors to correctly calculate their lien claims, the remedies available to an owner…

Lien on Me: B.C. Court Cancels Builder’s Lien Due to Procedural Misstep

August 2, 2017

In Scandia Paving Ltd. v. Bengag (Scandia Paving), the Supreme Court of British Columbia (Court) cancelled the plaintiff’s builder’s lien because the plaintiff commenced its enforcement action in the wrong court registry. The Court had discretion to preserve the lien by transferring the action to the correct court registry, but declined to do so, principally due to the plaintiff’s failure…

Alberta Court of Appeal: Bidder’s Reasonable Expectations Trump Privilege Clause

July 22, 2016

In the wake of a recent Alberta Court of Appeal (Court) decision, Elan Construction Limited v. South Fish Creek Recreational Association (Elan Construction), those who use a bidding process to award work on projects (owners) must ensure that a reasonable reading of the instructions issued to those who submit bids for the work (bidders) adequately disclose how the ultimate evaluation…

Alberta Court Releases Game-Changing Decision on Certificate of Substantial Performance, Liens

June 23, 2016

In Chandos Construction Ltd. v. Twin Peaks Construction Ltd. (Chandos Construction), the Court of Queen’s Bench of Alberta (Court) held that once the certificate of substantial performance (Certificate) is issued and major lien fund is paid out, subcontractors and suppliers can no longer claim a lien under the Alberta Builders’ Lien Act (Act) for work done or materials supplied before…

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 Decision May Make Builders’ Lien Filing Deadline Less Certain, More Litigated

November 16, 2015

In Boulevard Real Estate Equities Ltd. v. 1851514 Alberta Ltd. (Boulevard Real Estate Equities), a master of the Alberta Court of Queen’s Bench held that if an owner makes a representation to a contractor that causes the contractor to file a builders’ lien after the deadline set in the Builders’ Lien Act (BLA), the owner may be estopped from having the…

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…

Alberta Court Clarifies Builders’ Lien Registration When Contract Abandoned

April 15, 2015

  On February 25, 2015, the Alberta Court of Appeal released its decision in Tervita Corporation v. ConCreate USL (GP) Inc. In that case, the court was required to determine whether a builders’ lien registered by Tervita Corporation (Tervita) was valid. In rendering its decision, the Court of Appeal answered two questions of interest to both contractors and owners:  …

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