March 26, 2020 UPDATE
On March 26, 2020, the Province ordered that, for the duration of the provincial State of Emergency, every mandatory limitation period and any other mandatory time period that is established in an enactment or law of British Columbia within which a civil or family action, proceeding, claim or appeal must be commenced in the Provincial Court, Supreme Court or Court of Appeal is suspended…..
As published in Northern Construction Connection February 2020 Newsletter
There are three fundamental elements of a construction contract: price, scope, and time. Contractors and owners rely on the terms of the contract to inform them of the work that is required to be performed; the price for that work; and the time frame during which the work, or other various aspects of it, are to be completed. As a result, a change to either price, scope, or time may have a significant impact on the parties’ performance under the contract….
As published in LGMA Exchange Magazine Winter 2020
Smart Cities use integrated data collection and management to track and analyze the patterns of a community to drive and power services. Some examples include pedestrian traffic sensors, mobile apps for buses and expedited handling of requests for city services. However, innovation inevitably comes with uncertainties and risks. While there is a public appetite for the convenience that technology provides, enthusiasm is tempered by the public’s concerns about privacy and cybersecurity risks, as is demonstrated by the recent news reports of the privacy controversy surrounding Toronto’s new Alphabet Company (aka Google) operated Waterfront development….
The B.C. Supreme Court’s recent decision in Skene v. Ucluelet (District), 2019 BCSC 2051 is a helpful reminder on what factors the courts will take into consideration when determining the validity of a statutory right of way….
As published in Northern Construction Connection January 2020 Newsletter and in CBA Municipal Law Section
Due to the large volume of purchasing conducted by public entities, the likelihood of purchasing from the same pool of vendors raises the challenge of potentially selecting a bidder with whom they are (or have been) embroiled in a dispute. A strategy that some public entities have used to address this issue is to adopt the practice of including in their procurement documents a term that excludes from the bidding process those entities that are (or have been) engaged in legal proceedings against the public body, commonly referred to as a “reprisal cause”…
As published in Northern Construction Connection December 2019 Newsletter
During the development of a project it may be unfeasible to contain all aspects of construction within the boundaries of the land that is being developed. A frequent example involves the use of construction cranes, where the boom of a crane will swing into the area above neighboring properties. The law affecting the rights and remedies of landowners of these neighboring properties has been changing…
As published in Risk Management Tidbits: Fall 2019 – Special Edition – 2019 Legal Roundup
It has been widely acknowledged that climate change is having an impact on local governments. Lately, much has been written advocating for the use of natural asset management to reduce the impacts of climate change. But every novel approach carries with it uncertainty about the potential for increased risks. So, the next question that is trending is: what are the liability risks of addressing climate change through natural asset management?
Procurement disputes are becoming more commonplace. This guide summarizes what owners and proponents should know about procurement, focusing on the tender and the RFP processes…
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…
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…