Upcoming Clarifications to Contractual Good Faith

Last December, the Supreme Court of Canada heard two appeals concerning contractual good faith issues. The first involved an appeal of the British Columbia decision Greater Vancouver Sewerage and Drainage District v. Wastech Services Ltd., 2019 BCCA 66. The second involved an appeal of the Ontario decision C.M. Callow Inc. v. Tammy Zollinger, 2018 ONCA […] Read More

Uncertain Surety: Expiration of a Limitation Against a Principal is not a Defence to a Bond Claim

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

Contractors and COVID-19: How Far Must We (and Can We) Go to Meet OHS Obligations?

Much has been published in the last few weeks about the obligations of employers under the Occupational Health and Safety Act, SA 2017, c O-2.1 [OHSA] to ensure that work sites are safe and healthy (and we’ll have more to come about the obligation of employers to protect psychological health and safety during these uncertain […] Read More

Construction Claims and COVID-19: What is Still Available?

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
March 24, 2020

COVID-19 and Construction Contract Performance: Frustration When you Don’t Have a Force Majeure Clause

The ongoing impacts of the COVID-19 pandemic will likely have many parties looking at their ongoing and future contractual obligations. In the construction context, many contracts will include a force majeure provision outlining what happens when contractual performance is impact by events  beyond the control of either party. But what about situations when no such […] Read More

Who You Gonna Call (As a Witness)?

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
January 15, 2020

Cutting the Red Tape: New Condo Regulations coming to Alberta January 1, 2020

On November 26, 2019, the Alberta Government released the long-awaited, newly-revised amendments to the Condominium Property Regulation, and proclaimed that certain sections of the Condominium Property Amendment Act, SA 2014, c. C-10 will also come into force on January 1, 2020. The majority of the revisions in this phase of the amendments addresses governance issues, […] Read More
December 20, 2019

Think Leaving Equipment On Site Extends Your Lien Period? Think Again.

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
October 30, 2019

Doing Work on a Provincial Project? Protect Yourself with a Public Works Act Claim

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
September 10, 2019

Cutting the Red Tape? New Condo Regulations are on Hold for Further Review

On July 1, 2019, the Government of Alberta announced that the revised Regulations and amendments to the Condominium Property Act that were scheduled to come into force that day have been placed on hold until January 1, 2020. In a recent statement, Nate Glubish, Minister of Service of Alberta, stated that the delay was necessary […] Read More
July 24, 2019