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

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

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