When to make a claim during an ongoing construction project

  • June 20, 2019
  • Erin Cutts and Theron Davis

A party who has suffered a loss only has a certain amount of time within which to initiate a claim by way of litigation or arbitration. In Alberta, the Limitations Act, RSA 2000, c L-12 provides that a claimant must commence its claim within two years of when the claimant first discovered, or in the circumstances ought to have discovered, that it suffered an injury.

Construction and Infrastructure Law

Prompt payment reforms: Spring update 2019

  • June 17, 2019
  • Andrew J. O’Brien and Ted Betts

Since our original article on prompt payment reforms across Canada was published in May 2018, there have been several developments across the country with prompt payment and construction lien act reform.

Construction and Infrastructure Law

Alberta Court of Appeal clarifies test for summary judgment

  • May 02, 2019
  • Courtney Kachur and Josh Fraese

On Feb. 6, 2019, the Alberta Court of Appeal released its decision in Weir-Jones Technical Services Incorporated v Purolator Canada Ltd., 2019 ABCA 49, wherein a panel of five justices clarified the test for summary judgment1 in that province.

Construction and Infrastructure Law

Are smart contracts the next big thing in construction?

  • April 25, 2019
  • Smart Contracts and other new technologies bring the promise of smart construction. The construction industry, like many other industries, can benefit from the use of smart contracts which can bring about the automation of performance, enhanced accuracy, efficiencies in streamlining processes and cost-savings. This article outlines what smart contracts look like today, how they work, why they may be beneficial, and how they may be used in the construction industry.

Maria Le Hunte

Construction and Infrastructure Law

Quebec Public Procurement Authority: Powers and duties take effect

  • February 11, 2019
  • Clémentine Sallée, Alexis Beaudin-Fol and Alexia Magneron

On Jan. 25, 2019, certain provisions governing the Autorité des marchés publics came into effect, a welcome and anticipated change for many public bodies and private enterprises.

Constitutional & Human Rights

Trusts and bankruptcy: Finally, some certainty in the Construction Act

  • February 04, 2019
  • Andrea Lee and Markus Rotterdam

In January 2019, when the Ontario Court of Appeal released its decision in The Guarantee Company of Canada v Royal Bank of Canada, 2019 ONCA 9, a collective sigh of relief went up from parties seeking to enforce Construction Act trust rights in the face of an insolvency.

Construction and Infrastructure Law