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Tendering and COVID-19: bidders beware (or at least be aware)

Amid the messages of complex and difficult times it should be no surprise that a traditionally challenging topic – procurement – would be even more complex these days. The attention needed to sustain the health of any business is even greater as we struggle to “flatten the curve” through self-isolation. But industry dare not stop […]

December 16, 2019

Beyond Prompt Payment: Processes and Options for Timely Compensation

“I’d just like to be paid” It hardly seems fair. You’ve worked all your life gaining credentials, securing a position and building a reputation. You’ve had to create your own opportunities. No one gave you that contract; you had to compete for it and it was awarded to only you. You rallied an able workforce […]

Who Owns That School? The Crown and the Validity of...

Terra Services Inc. v. Her Majesty the Queen 2018 NLSC 221 As the Province of Newfoundland and Labrador remains a major driver of local construction and development the issue frequently arises as to whether the protections intended by the Mechanics’ Lien Act (“MLA”) can be extended to these provincial projects.  As a general rule, the […]

January 8, 2018

Notice of Delay: Simon says, “I am making a claim.”

Contrary to the perception that lawyers thrive in loopholes, when a dispute arises, the concepts of fair and reasonable are consistent. It is on that basis that most parties are able to work through disputes without commencing litigation.

When Standard Form Contracts are Non-Standard

The world of the contract lawyer should never be immune from the press for efficiency; the reliable, predictable and confidently reproducible contract in standard form is the one-size solution to fit most client needs.

Change in Scope? Prove It!

“I know it’s outside the scope but we’ll work out the details after it’s finished.”

January 23, 2012

Tendering: What are the Rules?

Few issues are as critical to the business of construction as tendering. After all, unless you land the work how long can you stay in business? When it’s all or nothing – win the job or sit out the season – experience is a tough teacher. Most survive by learning how to play the game, but in order to do that you have to understand the rules.

January 23, 2012

Litigation-avoiding Behaviour

Issues arise with every construction. But what separates the projects that complete successfully from those mired in litigation? Whether it is early intervention to nip catastrophe in the bud or proactive management before problems arise, there are some easy guidelines you can follow to minimize risk.

August 2, 2011

Lien & Mean? Mechanics’ Liens in NL

Most in the industry avoid liens at all cost, but too often that cost falls on those who the lien was intended to protect. By clear communication and compliance with the legislation from the outset, fallout can be contained without sacrificing the underlying intention to protect people at risk of never being paid for their work and materials.