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This Week in Construction Law, June 6 – 10, 2022

June 13, 2022

In Ontario, the union representing SNC-Lavalin Group’s engineers has filed a complaint with the national labour board

This Week in Construction Law, May 30 – June 3, 2022

June 6, 2022

In national news, the House of Commons transportation committee has published a report describing the Canada Infrastructure Bank

This Week in Construction Law: May 23 – 27, 2022

May 30, 2022

In Ontario, the carpenters’ union has ratified a deal providing pay increases of 10-12.5% over three years,

This Week in Construction Law: May 16 – 20, 2022

May 23, 2022

In Ontario, operating engineers (including crane operators) have agreed to a deal in the midst of sector-wide

This Week in Construction Law: May 9 – 13, 2022

May 16, 2022

In national news, the Canadian Federation of Independent Business, a small-business lobby group, is demanding that provincial workers’

This Week in Construction Law: May 2 – 6, 2022

May 8, 2022

In Ontario news, more than 21,000 residential construction workers in the province went on strike on May

Do Section 23 Builders Lien Applications Exceed Masters’ Jurisdiction in BC? 2022 BCSC 287

February 25, 2022 / Agreement, British Columbia, Building Contracts, Provincial / Agreement, application, Building Contracts, civil procedure, jurisdiction

The February 24, 2022 decision in Metro-Can Construction (PE) Ltd. v. Escobar[1]Metro-Can Construction (PE) Ltd. V. Escobar, 2022 BCSC 287. (“Metro-Can”) suggests that construction practitioners may wish to shift their

Maintenance Work, Repair Work, Capital Repair Work, and Lien Rights in Canada

December 9, 2021 / Agreement, Building Contracts, Provincial, Terms / Agreement, Arbitration, Building Contracts, competence-competence, construction contract, Incorporation by Reference, International Commercial Arbitration

Introduction I often explain the difference between non-lienable maintenance and repair work on the one hand, and lienable construction work on the other, using the analogy of a landscaper called

Saving Paper Could Cost You – Potential Perils of Incorporating Terms by Reference: Razar Contracting Services Ltd v. Evoqua Water

November 4, 2021 / Agreement, Arbitration, Competence of Arbitral Tribunal, Incorporation by Reference, Provincial, Sask & Manitoba, Stay of arbitration or action, Tenders, Terms / Agreement, Arbitration, Building Contracts, competence-competence, construction contract, Incorporation by Reference, International Commercial Arbitration

Why this decision matters Commercial agreements frequently incorporate or make reference to separate documents that form part of the larger bargain. This practice is known as “incorporation by reference”, and

Holding Pattern: Alberta Awaits Prompt Payment and Adjudication Regime

October 16, 2021 / Adjudication, Alberta, Construction and Builders Liens, Prompt Payment, Provincial / builders liens, Construction Law, construction lien action, construction liens, prompt payment legislation

Provincial legislatures across Canada are finally heeding the call from industry to implement prompt payment and adjudication regimes. As of the writing of this post however, only Ontario’s Construction Act

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