Articles on Construction Law

On Oct. 1, 2019, prompt payment and adjudication under the Construction Act came into force in Ontario, which became the first jurisdiction with legislation that combined prompt payment and adjudication in addition to traditional lien legislation. Since then, other jurisdictions have moved to adopt ...

Kicking Horse Canyon – Park Bridge (Courtesy of Partnerships BC) Canadian P3 projects have not only endured, they have proliferated. And a steady flow of deals continues to provide opportunities for lawyers, in Canada and around the world Among the advertisements that graced this ...

“MADE IN ONTARIO” STATUTORY ADJUDICATION Exactly ten years ago, we proposed a change in Canada’s construction credit scheme to implement interim binding “real time” dispute resolution from “first shovel” to final turnover. 1 In other words: statutory ...

Risk allocation in mining contracts are increasingly giving way to more collaborative and shared risk models under certain contractual arrangements in volatile market conditions, construction lawyers say. The use of engineering, procurement and construction management (EPCM) contracts for large ...

P3 CONSTRUCTION BOOM CONTINUES P3 construction projects have been significant industry drivers for some years. All the provinces and territories save for the Yukon Territory and Prince Edward Island have P3s in the works or completed. The most recent statistics indicate that Ontario leads the way ...

Jeff Gordon and Richard Yehia joined BLG as associates. Gordon practises intellectual property law and is also a registered patent agent; Yehia advises on construction and surety law.

P3 CONSTRUCTION BOOM CONTINUES P3 construction projects have been significant industry drivers for some years. At press time, all the provinces and territories save for the Yukon Territory and Prince Edward Island have P3s in the works or completed. Ontario leads the way with 107, followed by ...

IF BRUCE REYNOLDS and Sharon Vogel of Borden Ladner Gervais LLP have their way, Ontario’s construction sector is on the verge of a major legislative overhaul that will fundamentally alter the way it does business. In late September, the government released the report that followed on the two ...

According to the Ontario Ministry of the Attorney General, as of December 5, 2017: “Ontario passed legislation to improve the efficiency and competitiveness of the construction sector. The Construction Lien Amendment Act, 2017 includes new prompt payment rules to ensure Ontario construction ...

SUMMARY JUDGMENT IN CONSTRUCTION CASES – HAS THE CULTURE SHIFTED? A functioning summary judgment mechanism is crucial to the administration of justice. In the words of Justice Karakatsanis in the seminal Supreme Court of Canada decision in Hryniak v. Mauldin , 1 full trials have become ...

Exactly ten years ago, we proposed a change in Canada’s construction credit scheme to implement interim binding “real time” dispute resolution from “first shovel” to final turnover. 1 In other words: statutory “adjudication”. Our informal survey of ...

In the cash-constrained North, public-private participation partnerships can be especially attractive, but they will not work for every project In a land of ironies, perhaps none is more striking. Despite their storied relationship with their environment, the people of Nunavut are, by some ...

Delinquent payment is a major problem in the construction industry, but legislative reforms may help Delinquent payment in the construction industry is a frequent and increasing problem for trade contractors, who say they are sometimes made to wait for periods of four months or longer to be ...

According to the Ontario Ministry of the Attorney General, as of December 5, 2017: “Ontario passed legislation to improve the efficiency and competitiveness of the construction sector. The Construction Lien Amendment Act, 2017 includes new prompt payment rules to ensure Ontario construction ...

It is oft said that “hard cases make bad law”. The Canadian approach to contractual notice of delay claims reflects this aphorism. Such clauses are ubiquitous; rarely is a construction contract silent as to the requirement to give notice of a delay claim. One could be forgiven for ...

According to the Ontario Ministry of the Attorney General, as of December 5, 2017: “Ontario passed legislation to improve the efficiency and competitiveness of the construction sector. “The Construction Lien Amendment Act, 2017 includes new prompt payment rules to ensure Ontario ...