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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


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

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