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CBA Members

Skylines

CBA Construction and Infrastructure Law Section

CBA Construction Law Section articles are published under the banner Skylines. Members interested in posting articles are encouraged to send them to the Section at: CBAConstructionLaw@cba.org

Today
Today

Construction legislation reform in Canada: Prompt payment

  • April 23, 2018
  • Andrew J. O’Brien and Ted Betts

In the last few years the momentum for change has grabbed hold of the construction industry in Canada, and pulled tight on the reins. Several provinces, as well as the federal government, have been grappling with the issue of prompt payment on construction projects, and trying to determine how best to incorporate the rights and concerns of the most vulnerable parties: the construction trades, who are lower down the ladder.

Construction and Infrastructure Law

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The “facilitation payments” exception to Canada’s Corruption of Foreign Public Officials Act was repealed by Bill S 14: An Act to amend the Corruption of Foreign Public Officials Act, effective on Oct. 31, 2017.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

Iona Contractors Ltd. v. Guarantee Company of North America: Court Issues Significant Ruling on Construction Trusts

  • March 14, 2016
  • Andrew Heal

In a few short words in its ruling on Iona Contractors Ltd. v. Guarantee Company of North America, a majority of the Alberta Court of Appeal defined a legal issue that had divided that appellate court. In the result, a statutory construction trust did matter – to the tune of about $1 million. The case should matter to construction lawyers across Canada too.