Written by F. Richard Gosse. Background The concept is not new – parties committing to provide work or services decide to write down what each expects of the other: a scope of work, a mechanism for payment, some general provision for timelines, changes, and warranties or the like. More sophisticated engagements may (or may not) […]
New Brunswick’s Construction Remedies Act (the “Act”) received Royal Assent on December 18, 2020. The “new” Act, which replaces the Mechanic’s Lien Act, applies to all construction contracts entered into on or after November 1, 2021. On April 1, 2022 sections 37 and 38 of the Act came into force, creating and outlining the requirements […]
Five years after repeal of the Public Tender Act, specific details of the operation of the Public Procurement Act (the “Act”) remain a mystery to many. This is concerning given the Act’s stated objectives of transparency and accountability. Debriefing is a key mechanism to meet these objectives but, based on client and industry interactions, it […]
Rent-to-own agreements have become an increasingly popular option for individuals seeking to transition from renting to homeownership. These agreements allow renters to lease a property with the option to purchase it at a predetermined price after a specified period. While they can provide a flexible path to homeownership, rent-to-own agreements are not without their legal […]
An ounce of prevention is worth a pound of cure – particularly for construction. Whether it is a new build or a renovation, it is costly work prone to surprises. A properly drafted contract will benefit both the owner and the contractor by providing clarity and certainty. The contract should: Clearly define the scope of […]
Background As most in the industry will now be aware, New Brunswick’s Mechanic’s Lien Act has been replaced by the new Construction Remedies Act which applies to all contracts and subcontracts entered into on or after November 1, 2021. (Note: the “old” legislation still applies to contracts entered into before this date). One of the […]
Successful business is built on clear communications that verify that what I expect from you aligns with what you expect from me. As work advances, that means checking-in to confirm that things have not changed or, more likely, to update expectations because things have changed. The goal is to communicate effectively and to preserve a […]
There are too many moving parts to assume that every aspect of a construction project will stay on schedule all of the time. Delay is not only frustrating: it is expensive. Few can afford to have crews or equipment sit idle. Managing interruptions is a necessity and not just a skill, as traditionally delay costs […]
New Brunswick’s Bill 12: Construction Remedies Act received Royal Assent on December 18, 2020, and the majority of its provisions came into force on November 1, 2021. The new Act replaces the Mechanics’ Lien Act, SNB 1973, c.M-6. While the new Construction Remedies Act retains a number of the key elements of the Mechanics’ Lien […]
The New Brunswick Office of the Attorney General has recently submitted a proposed replacement to the current Mechanics Lien Act, SNB 1973, c.M-6. The new Act, called the Construction Remedies Act, was introduced in the provincial legislature for first reading on June 9, 2020. The proposal is to repeal the current Mechanics Lien Act and […]