General Holdback Chart

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 […]

Reforming the New Brunswick’s Mechanics’ Lien Act: Prompt Payment 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.

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.

October 4, 2017

Changing Tides: Enforcement of Termination Provisions

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.

New Builder’s Lien Amendments & Regulations

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.

Notice Periods for Without Cause Terminations

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.

April 22, 2014

Beware of Using One Month Per Year of Service “Rule...

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.