Show me the Money! Timing the Release of Holdback

In Alberta, where a contractor is of the opinion that the work under its contract is substantially performed, the contractor may issue and deliver to the owner a certificate of substantial performance (“CSP”) in respect of the contract. Taking this step allows a contractor to receive payment of the statutory 10% holdback prior to its […] Read More

Bet Your Bottom Dollar – Orphans No More!

By Doug Nishimura, Catriona Otto-Johnston and Andrew Wilkinson Today the Supreme Court of Canada released their decision in Re:  Redwater [2019 SCC 5].  The decision, which overturns decisions of the Alberta Court of Queens Bench and Court of Appeal, has far reaching effect on the treatment of oil companies in insolvency proceedings (bankruptcy, receivership or […] Read More

Tick-Tock Goes the Lien Clock

Catriona Otto-Johnston and Jill Bishop Builders’ liens are an important tool, providing contractors, subcontractors, and suppliers security for unpaid work. The template s.48 Order requires a lien claimant to file a Statement of Claim within 180 days of registering the lien; however, before the template Order came into existence, this requirement was regularly seen in […] Read More

Carbon Tax in the Northwest Territories: What You Need to Know

A carbon tax is coming to the Northwest Territories (the “NWT“). The Government of the Northwest Territories (the “GNWT“) recently announced their plan to implement a made in the north NWT Carbon Tax designed and administered in the NWT in accordance with the federal government’s Pan-Canadian Framework on Clean Growth and Climate Change (the “Federal […] Read More
November 26, 2018
Tax

Six Circles of Hell: Priority Among Insurers In An Alberta Rental/Leased Vehicle Claim

Accidents involving rental/leased vehicles give rise to overlapping insurance coverage situations. The rental/leasing company will have an owner’s policy covering it and anyone driving with its consent. The driver may have an owner’s policy of his/her own relating to his/her own vehicles that may provide the driver with coverage in some cases. The driver’s employer […] Read More
August 8, 2018

Keeping Your Hands Lien: Don’t Forget a CLP!

By Catriona Otto-Johnston & Nada Ladhani Builders’ liens are an important tool for contractors, subcontractors and suppliers when collecting unpaid invoices on a project. Although a lien does not guarantee payment, it does provide security and mitigate business risk. The lien process is complex with many timelines to be complied with or risk losing the […] Read More

Consequential Consequences: Contractually Excluding Damages for Lost Profits

AUTHORED BY: Ryan Krushelnitzky and Kelly Starrak Clauses that exclude or limit the recovery of consequential or indirect damages are common in construction, services and other commercial contracts. These clauses can play an important role in risk allocation.  This is particularly so in situations where a small breach of contract by one party can result […] Read More

Probate for Paddington: Michael Bond, CBE (1926-2017)

One year ago, Michael Bond, CBE the creator of the beloved literary character, Paddington Bear, passed away in London, England at age 91. Though I recall seeing snippets of Paddington Bear on the television when I was young, I never actively watched the animated series or read the books. Based on what I’ve learned about […] Read More

Pay Attention to What You Pay For

It is fairly rare for judges to directly criticize lawyers in written decisions relating to estate matters, at least in my experience. When I do run across it, it sends a strong signal because there is usually an important lesson in the criticism. The judge’s displeasure with the lawyer who drafted the will at the […] Read More

Extra! Extra! How Do Subcontractor Change Orders Affect the Lien Fund? It Depends…

More often than not, contractors and subcontractors perform extra work on construction projects over and above the scope of work contemplated by a fixed price contract. Where a subcontractor performs extra work at a contractor’s request, it will often be to the contractor’s account, absent any work required by a subcontractor to correct deficiencies in […] Read More