2019

Today
Today

AIA owner-contractor documents are worth a look

  • April 23, 2018
  • Andrew J. Heal

The American Bar Association Forum on Construction Law held a conference in Boston in October 2017 where leading ABA lawyers gave presentations over the course of two days, reviewing and commenting on the new American Institute of Architects’ 2017 A Series Owner- Contractor documents. What follows are some brief high level comments on these new AIA forms from a Canadian perspective.

Construction and Infrastructure Law

Canada makes facilitation payments illegal

  • January 26, 2018
  • David Debenham

The “facilitation payments” exception to Canada’s Corruption of Foreign Public Officials Act was repealed by Bill S 14: An Act to amend the Corruption of Foreign Public Officials Act, effective on Oct. 31, 2017.

Construction and Infrastructure Law

Case summary: Bidder beware – bids must be complete when submitted

  • August 23, 2017
  • Krista Johanson

In this case the Court of Appeal considered the substantial compliance test in the context of pre-closing bid revisions. A municipal owner had disqualified the lowest bidder because its list of subcontractors, although included as a bid appendix at the time of closing, had been submitted after the sealed bid.

Construction and Infrastructure Law

Salvage costs and the ‘officious intermeddler’

  • March 06, 2017
  • David Debenham

The Construction Lien Act does not specifically refer to salvage costs. However, the practice of awarding salvage costs is one of long standing. Salvage costs are payable out of the lien fund in priority to the claims and costs of the other lien claimants for services provided to the class of lien claimants for their collective benefit, as opposed to work done solely for the benefit of one or more lien claimants.

Construction and Infrastructure Law