Category: Construction

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Refining Fairness: Precedent-Setting Cases in Procurement Law

March 7, 2019

In 2018, courts made significant rulings about what fairness means in procurement law from the perspective of owners and bidders alike. For example, in one case a court reaffirmed the long-standing principle that there is no contractual duty of fairness outside of the “Contract A” framework and rejected the notion that an independent duty of fairness arises under tort principles….

Quebec Public Procurement Authority: Powers and Duties Take Effect

January 25, 2019

On January 25, 2019, certain provisions governing the Autorité des marchés publics (AMP) come into effect, a welcome and anticipated change for many public bodies and private enterprises. The AMP is a neutral and independent public procurement supervisory and regulatory authority in Quebec and the first authority of its kind in Canada. It was created by An Act to facilitate…

The Federal Community Employment Benefits Initiative: Building Diversity Project-by-Project

June 28, 2018

On June 22, 2018, federal Ministers Amarjeet Sohi, of Infrastructure and Communities, and Ahmed Hussen, of Immigration, Refugees and Citizenship, announced a new Community Employment Benefits Initiative (Initiative) to support the diversification of Canada’s workforce through infrastructure project funding. We expect that the Initiative will have an impact on developers and operators of infrastructure as well as public sector owners…

Is Your Lien Up to Code? B.C. Court Decisions Provide Clarity on Application of Builders Lien Act

November 20, 2017

The British Columbia Supreme Court (Court) recently released two decisions regarding the application of the Builders Lien Act (Act), providing clarity on limitation periods for filing a lien claim and the circumstances where an excessive lien claim can be discharged for lesser security. GREEN OAK In Green Oak Development Corp (West 7th) Corp. v. Hans Demolition & Excavating Ltd. (Inc….

CETA Now In Force: Are You Maximizing the Benefits?

September 21, 2017

On September 21, 2017, the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) comes into force on a provisional basis. If they haven’t already done so, it is now time for Canadian businesses to take steps to ensure that they are prepared to take advantage of the tremendous opportunities presented by the CETA. HOW TO BENEFIT FROM CETA Following are…

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…

New Reporting Requirements Now in Force in Quebec for Mining, Oil and Gas Industries

September 8, 2017

Quebec mining and oil and gas industries must now comply with the Regulation respecting the application of the Act respecting transparency measures in the mining, oil and gas industries (Regulation), which came into force on August 3, 2017. The Act is designed to impose transparency measures in the mining and oil and gas industries, discourage and detect corruption and foster…

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…

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…

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