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Breaking Ground: MT Construction Law

BIM, Blockchain and the Smart Construction Contract
While the construction industry has traditionally been criticized for being too slow to innovate, the last several years have seen it embrace new business practices, new software and new technologies. The increased use of Building Information Modeling (BIM) is a...
Major Changes to Public Sector Procurement in Québec
On December 1, 2017, the National Assembly unanimously approved the Act to facilitate oversight of public bodies’ contracts and to establish the Autorité des marchés publics (the “Act”). This law represents the most significant change to Quebec’s public procurement regime...
A U-Turn On Priority Disputes Between Secured Creditors and Lienholders!
National Bank of Canada v. KNC Holdings Ltd. 2017 SKCA 57 In 2016, the Saskatchewan Court of Queen’s Bench rendered a decision on the priority of builder’s liens filed against certain assets under The Builders’ Lien Act (Saskatchewan) (the “BLA”),...
“Green” Changes Announced for Ontario Building Code
On July 14, 2017, the Ministry of Municipal Affairs announced the replacement of the Ontario Building Code, effective January 1, 2019. The changes are being made to include new requirements supporting the government’s Climate Change Action Plan (CCAP) of June...
Canada Prompt Payment Act Update: Senate Approved
In an effort to lead reform in the payment practices of the Federal bureaucracy, the Canadian Senate introduced prompt payment legislation under Bill S-224, the Canada Prompt Payment Act (the “Bill”) which, if passed, would apply to construction contracts made...
First Look At The Canadian Free Trade Agreement
On Friday, April 7, 2017, the federal, provincial and territorial governments wrapped up negotiations on the Canadian Free Trade Agreement (“CFTA“). This agreement, which takes effect on Canada’s 150th birthday, replaces the 1995 Agreement on Internal Trade (“AIT“). Moving Towards...
Lien Periods for Work Done On Oil Sands Projects in Alberta
In Davidson Well Drilling Ltd. (Receiver of) v Bank of Montreal, 2016 ABQB 416 (the “Davidson Well Case”), the Alberta Court of Queen’s Bench indicated that general improvements on oil sands mining projects that involve the drilling of exploratory oil...
Breach of Trust Claims: When Does The Clock Start Ticking?
Certain court decisions are worth revisiting to ensure that they aren’t overlooked when facing complicated construction litigation matters. One such case is the decision in Frank’s Drilling and Blasting Inc. v. Isbester, 2015 ONSC 3581 (“Frank”). If you are an...
Prompt Payment for Federal Projects
Prompt Payment legislation is intended to keep cash flowing down the construction pyramid from the owner to the contractor and its subcontractors and suppliers. So far, no province has enacted prompt payment legislation. An attempt was made in Ontario a...
Disclaimer
This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.