Each province has its own holdback requirements, which makes managing construction projects and contracts across provincial borders complex. For easy reference to holdback details across Canada, see the chart below which includes details for the holdback percentage, holdback period, lien registration deadline, and whether there is provision for an early release, for each province and […]
The New Brunswick Legislative Services Branch is considering recommending changes to the Mechanics’ Lien Act (1973), the main Construction Law statute in the Province.
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.
From the employer’s perspective, one of the most beneficial terms in an employment contract is a prescribed notice period in the event of a “without cause” termination.
Recent amendments to the Builder’s Lien Act and new Builders Lien Regulations, effective June 30, 2017, allow for early release of holdbacks to subcontractors and alter how finishing holdbacks are calculated.
In the absence of an employment agreement that expressly sets out a notice period upon termination, employees who are terminated without just cause are entitled to a notice period or pay in lieu of notice from their employers in accordance with the common law.
One of the questions at the forefront of many employers’ minds when they are considering terminating an employee without cause is how much it is going to cost. Unless there is a written employment contract with an express termination clause, an employer’s obligation is to provide reasonable notice of termination.