Related Articles

December 28, 2022

More Effective Communications Between Parties to Construction Contracts

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 […]

December 28, 2022

Contracting Out of Delay?

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 […]

Change Afoot: New Brunswick’s Construction Remedies Act

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 […]

Proposed Replacement to the New Brunswick Mechanics Lien Act Introduced...

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 […]

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 […]

Nova Scotia: Duty to Consult in Large Infrastructure Projects and...

The Nova Scotia Supreme Court has expanded on the issue of the Crown’s “duty to consult” with First Nations holding that the duty goes beyond considering just the environmental impact of a large infrastructure projects.

COVID-19 Related Travel Restrictions in Canada: The Impact on Foreign...

Throughout these uncertain times, it is important for foreign nationals currently living in Canada or planning to travel to Canada to remain vigilant with respect to the changing government regulations regarding entry to Canada.

Force Majeure Clauses and the Doctrine of Frustration: Flattening the...

As governments across Canada continue to impose restrictions on business and travel in an attempt to curtail the spread of COVID-19, parties to contracts, especially service or sale of goods contracts, may find it increasingly more challenging to complete their contractual obligations. In this context, it may be useful to review the legal concepts of force majeure and the common law doctrine of frustration to consider how each may apply in certain contractual relationships.

January 14, 2020

Technology and the Construction Industry: Opportunity for Evolving Trends in...

Developments in technology Industry is driven, in part, by developments in technology — construction is no exception. Technology in the construction industry brings about positive change — cost effectiveness, increased efficiency and safer projects. However, technology also means new concepts, new products and new processes, all of which bring about new legal risk. The Canadian […]

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 […]