Anthony Burden

Sometimes failing to arbitrate a dispute with a binding arbitration provision can be fatal to a claim under a construction contract, particularly if the limitation period to commence the arbitration has expired.  But, in the case of a project with a performance bond, things can sometimes become more complex. Performance bonds are a common tool […] Read More

The status of what businesses can remain open, in what capacity, and with access to whom, is ever-changing in the midst of the COVID-19 pandemic. For ongoing construction projects, or those for which a party has recently performed work, it is important to remember which claims may be available, and to monitor submission deadlines and […] Read More

Construction disputes (as with any matters in litigation) rarely make it to trial. Matters typically settle or are resolved on a summary basis through written evidence alone. But if a matter proceeds to trial, where evidence via live witnesses is required, which people to call as witnesses is integral. In construction, it is common that […] Read More

Builders’ liens provide unpaid contractors and subcontractors on a construction project the ability to secure a debt claim against a piece of land. While courts have acknowledged that the purpose of builders’ liens is to provide this protection, there are criteria that need to be met for a lien to be valid. One such criterion […] Read More

The Public Works Act (“PWA”) is a helpful, rarely litigated piece of legislation for unpaid subcontractors. By submitting a PWA claim to the Provincial Government, a subcontractor has the ability to seek compensation outside of its contractual rights from the party it contracted with on public projects that otherwise may not be lienable. This is […] Read More

The tender process has long been a staple of the construction industry. Variations of that process, via requests for proposals (“RFPs”), requests for quotations (“RFQs”) or other similar processes have also been developed, with varying levels of adherence to the traditional tender model. These models allow someone putting a project out for bid to include […] Read More

Builders’ liens are a useful tool for unpaid contractors and subcontractors on a construction project. They provide a right to make a claim and register an instrument against title to a parcel of land, with the ultimate remedy being a sale of those lands in default of payment of the lien. However, not all lands […] Read More

By Catriona Otto-Johnston & Anthony Burden

Builders’ liens are a great tool for the unpaid contractor, subcontractor and supplier. It gives you leverage over a project, even if you’re only owed a small amount. But the simple one-page form is much more complicated than it appears, and what might be seen as a harmless mistake [...] Read More