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Canada Construction Contracts

Bennett Jones LLP

Prompt Payment Update—Alberta's Court of King's Bench Concludes Adjudicator Decisions under the PPCLA

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In 2022, amendments to the Prompt Payment and Construction Lien Act (PPCLA) introduced a prompt payment and related fast-track adjudication process. Recently, in Welcome Homes Construction Inc v Atlas Granite Inc, the...more

Blake, Cassels & Graydon LLP

Un tribunal de l’Alberta clarifie le processus d’arbitrage intérimaire en vertu de la Prompt Payment and Construction Lien Act

Welcome Homes Construction Inc. v. Atlas Granite Inc. (la « décision ») est la première décision rendue par la Cour du Banc du Roi de l’Alberta (la « Cour ») qui touche le processus d’arbitrage intérimaire en vertu de la loi...more

Blake, Cassels & Graydon LLP

Alberta Court Clarifies Adjudication Pursuant to the Prompt Payment and Construction Lien Act

Welcome Homes Construction Inc. v. Atlas Granite Inc. (Decision) is the first decision from the Alberta Court of King’s Bench about adjudication pursuant to the Prompt Payment and Construction Lien Act (PPCLA). In the...more

Bennett Jones LLP

Protecting Privilege on Construction Projects

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Construction projects are often complex and involve many different parties and moving parts. This often necessitates a continued investigation of facts and assessment of legal rights and obligations to ensure that the owner...more

Blake, Cassels & Graydon LLP

Quebec’s Bill 62 Introduces Major Reforms to the Province’s Infrastructure Sector

On May 9, 2024, Quebec’s Minister responsible for Infrastructure, Jonatan Julien, introduced Bill 62, An Act mainly to diversify the acquisition strategies of public bodies and increase their agility in carrying out...more

American Conference Institute (ACI)

[Event] 16th National Conference on Navigating Risk in Construction Contracts & Projects - February 22nd - 23rd, Toronto, ON,...

The premier event for Canadian construction professional and their counsel is back to Toronto! Rebranded as the 16th National Conference on Navigating Risk in Construction Projects and Contracts, this annual event will...more

Bennett Jones LLP

Prompt Payment Update—Ontario Superior Court Confirms Adjudicator's Decision Is Not Final

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The enactment of prompt payment and fast-track adjudication legislation across Canada has created some uncertainty regarding the finality of an adjudicator's decision. In the recent decision of the Ontario Superior Court of...more

Blake, Cassels & Graydon LLP

Pas facile pour les acheteurs de se libérer d’une convention d’achat d’un condo en prévente

En cette période où les taux d’intérêt et l’inflation sont en hausse, certains acheteurs d’appartements en copropriété offerts en phase de prévente (ou de préconstruction) peuvent avoir des regrets à l’approche de la date de...more

Blake, Cassels & Graydon LLP

High Bar to Establish Developer Breached Contract for Pre-Sale Condo Allowing Purchaser to Walk Away

During this period of rising interest rates and high inflation, some purchasers of pre-sale (also known as pre-construction) condominiums may be experiencing buyer’s remorse as their closing date approaches. In many cases,...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights - Issue 7, July 2023

Q&A with the Carolina Small Business Development Fund - We are fortunate to have connected with Kevin Dick, the President & CEO, and Emily Blevins, Marketing & Communications Director, of the Carolina Small Business...more

Stikeman Elliott LLP

“Finally Settled”?: Ontario Court of Appeal Considers Scope of Appeal Rights in Domestic Arbitrations

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In Baffinland Iron Mines LP v. Tower-EBC G.P., S.E.N.C., the Ontario Court of Appeal (the “ONCA”) has confirmed that “finally settled” by arbitration means the same thing as “final and binding”, and that both phrases may...more

Venable LLP

Construction Industry Concerns Resulting from Dangerous Air Infiltrating into New York Region

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The New York region has experienced some of the worst air quality in the world as a result of the recent Canadian wildfires that continue to rage out of control, something weather forecasters believe will become more common...more

Bennett Jones LLP

Land Rich, Cash Poor: The Impacts of the PPCLA and Statutory Trusts on Builders' Liens

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Key Highlights - - Pursuant to the Prompt Payment and Construction Lien Act (the PPCLA), previously known as the Alberta Builders' Lien Act, funds paid following the issuance of a certificate of substantial performance are...more

American Conference Institute (ACI)

[Event] 7th Annual Conference on Managing Risk in Construction Contracts & Projects – Eastern Canada Edition - February 23rd -...

Hosted by CI, the 7th Annual Conference on Managing Risk in Construction Contracts & Projects – Eastern Canada Edition returns to Toronto for another exciting year with curated programming that addresses the most critical...more

American Conference Institute (ACI)

[Event] Managing Risk in Construction Contracts & Projects – Eastern Canada Edition - February 23rd - 24th, Toronto, ON, Canada

Reconnect with your peers and key stakeholders from construction companies, public sector, and infrastructure! The Canadian Institute’s 7th Annual Conference on Managing Risk in Construction Contracts & Projects – Eastern...more

American Conference Institute (ACI)

[Event] Managing Risk in Construction Contracts & Projects – Western Canada Edition - January 25th - 26th, Edmonton, Canada

The Canadian Institute’s 15th Annual Conference on Managing Risk in Construction Contracts & Projects, Western Canada Edition is returning to Edmonton on January 25-26, 2023. This two-day conference is specifically...more

Bennett Jones LLP

Proposed Amendments Aim to Protect Purchasers of New Homes In Ontario

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The Ministry of Public and Business Service Delivery has proposed amendments to the New Home Construction Licensing Act, 2017 (Licensing Act). If passed, these amendments will increase fines for developers and builders who...more

Bennett Jones LLP

Third Party Rights Not Absolute Bar on Rescission of Bonds Issued Due to Fraudulent Misrepresentation

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Key Highlights - - Interest of innocent third party without notice not an absolute bar on rescission remedy. - Lenders, project companies, subcontractors and suppliers should seek risk mitigation measures to decrease...more

Bennett Jones LLP

Prompt Payment and Construction Lien Act Now in Force in Alberta—What You Need to Know

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In an attempt to reduce delayed payment periods in Alberta, on August 29, 2022, the Prompt Payment and Construction Lien Act (the PPCLA) came into force replacing the Builder's Lien Act (the BLA). Although most of the BLA was...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel - Q1 2022

Since the last edition of the QCC, there has been a series of dramatic developments in the criminal antitrust enforcement space in the U.S. from the Department of Justice’s Antitrust Division (Division)....more

Blake, Cassels & Graydon LLP

Alberta Publishes Regulations to the Prompt Payment and Construction Lien Act

The following is an update to our November 2020 and April 2021 bulletins about the introduction of the Alberta Prompt Payment and Construction Lien Act (Prompt Payment Act). Both bulletins highlighted that regulations to...more

Bennett Jones LLP

Supreme Court of Canada Affirms Anti-Deprivation Rule

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The common law anti-deprivation rule is alive and well in Canada, the Supreme Court of Canada held in an 8-1 decision in Chandos Construction Ltd. v Deloitte Restructuring Inc., 2020 SCC 25 [Chandos]. Under the rule, parties...more

Bennett Jones LLP

Post-Pandemic Construction Claim Planning?—A Practical Approach

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The COVID-19 pandemic is having a profound impact on construction projects across Canada causing delays, lost productivity, increased costs and lost profits. To mitigate the impact of these risks, it is imperative that...more

Bennett Jones LLP

Construction Timelines in Ontario: Complications and Exceptions

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Before the COVID-19 pandemic and the resulting special rules adopted in response we had a complex situation in Ontario construction. The new Construction Act came in to force in two installments.  Construction contracts...more

BCLP

The Ontario Construction Act: building on the UK prompt payment and adjudication regime

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This summer I had the pleasure of traveling to Toronto and meeting Canadian construction lawyers to discuss the introduction of a prompt payment and adjudication regime in Ontario on 1 October 2019. As Matt Malloy outlined...more

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