Articles & Publications

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Will Collaboration Be Achieved Under the CCDC 30 Integrated Project Delivery Contract?

As published in SICA Construction Review Fall 2019

The Integrated Project Delivery (IPD) has been used successfully in the U.S., the U.K. and Australia for approximately 20 years, but is a new development in Construction in Canada.

Unlike the traditional approach involving separate contracts between the principal constructions parties, the basic principles underlying IPD are the sharing of risk and reward, early involvement and equality of stakeholders, project-first thinking…

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Know your Construction Insurance Policy!

As published in Northern Construction Connection November 2019 Newsletter

Construction has inherent risks that can be significant, which has resulted in the supply of a number of insurance products to cover such risks.  For most construction projects, several different policies are secured that are intended to be complimentary…

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Bill M 223— Prompt Payment Legislation in British Columbia

As published in Northern Construction Connection October 2019 Newsletter

On May 29, 2019, a member of the opposition party in British Columbia (Liberal House Leader, Mary Polak), introduced Bill M-223 (the Prompt Payment (Builders Lien) Act).

Bill M-223 aims to modernize the existing Builders Lien Act and to bring British Columbia in line with other jurisdictions that are introducing prompt payment reforms, including Ontario, Nova Scotia, Saskatchewan, Manitoba, New Brunswick, and Quebec. The underlying objective of prompt payment legislation is to ensure that those who provide services or materials to a construction project are paid in a timely manner. The stated intention is to minimize payment disputes and unnecessary financial hardships associated with late payment…

 

 

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Minimizing Construction Disputes

As published in Construction Business Magazine September/October 2019.

It seems inevitable that construction projects come with delays and disputes, which are disruptive to the efficient progression of the project, and costly to all parties.

In any well-functioning relationship, it is important for the participants to be aware of the interests and incentives of the other parties to the relationship.  In a construction project, the owner seeks value for money, and a project that is on-time and on-budget.  The contractor wants to run its operations efficiently, make a profit, and obtain a good reference for future work.  In order to obtain these objectives, it is in the interests of all parties to minimize disputes during a construction project.

In this article, I will identify some of the common causes of delays and disputes, and provide some tips about the tools and strategies available to secure the effective delivery of a construction project…

 

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City Found in Contempt of Court

On August 6, 2019, a Manitoba Queen’s Bench judged found the City of Winnipeg in contempt of a Court Order in 6165347 Manitoba Inc. et al. v. The City of Winnipeg et al. 2019 MBQB 121…

 

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Local Government Decision-Making: A Reminder on the Duty of Procedural Fairness

The duty of procedural fairness concerns the processes that must be followed before, during, and after a decision is made. For local governments, this means ensuring that decisions are made within the scope of its authorizing legislation, acknowledging the role that the public participatory process serves in the ultimate decision that is to be made, and complying with conditions established in common law standards of procedural fairness. Courts may look at requirements such as: clear communication; timeliness; proper record-keeping; proper notice; clear reasons for the decision; and providing an opportunity for the applicant to be heard and present their case…

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Innovative Transportation Solutions: CleanBC and Charging Stations

With great fanfare, the Province of British Columbia in December 2018 released a new climate action strategy known as the CleanBC plan. A primary objective of the CleanBC strategy is for every new car sold in B.C. to be a zero emission vehicle by 2040. A zero emission vehicle is one that has no tailpipe emissions and runs on a fuel cell or battery…

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