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

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

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

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 lien. For instance, Section 43 of […] 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