Publication, Staff | |

2021 In Review

The partners of Civic Legal LLP provide their summaries, views and insights of the legal issues that arose in 2021 and their impacts on the construction industry.

As published in the NRCA’s Northern Construction Connection January 2022 Newsletter, and VICA’s e-New.

Read Full Article

Publication, Staff | |

The “As-and-When” Contracts – How to Contract when the Scope and Timing of Work is Uncertain

As published in Northern Construction Connection July 2020 Newsletter

The variety of contract models that may be used for construction work is reflective of the broad range of projects undertaken by the industry and the flexibility needed to address pricing options.  Where owners may require ongoing, but sporadic, maintenance services, or multiple routine pieces of work, or relatively small-value projects, the frequency, timing, value and scope of the work of individual assignments may not be fully known in advance.  An option for parties wanting to engage in such projects may be to enter into “as-and-when” contracts…

Read Full Article

Publication, Staff | |

Prime Contractor Obligations

As published in Northern Construction Connection March 2020 Newsletter

The awareness around prime contractor responsibilities appears to be much greater now than it did even a decade ago, certainly based on our dealings with clients and construction industry members.  It is not uncommon, for example, to now see prominent signs near construction sites identifying the party assuming the prime contractor’s role.  For those NRCA members that are new to the industry or new to the idea of ‘prime contractor’, this article sets out the legal duties with respect multiple-employer worksites under the British Columbia Workers Compensation Act (the “Act”) and the regulations enacted thereunder which govern with respect to workplace health and safety in British Columbia…

Read Full Article

Article, Staff | |

Social Procurement: From Origin to Implementation

For anyone involved with purchasing within a local government organization, talk of social procurement has unlikely gone unheard.  It is a growing topic of discussion and interest, and we are seeing more and more communities embracing it and organizations taking steps to implement it into their purchasing policies.  This article touches on the evolution of procurement that has led to the introduction of social impact purchasing, and discusses the approach that local governments may take to establish the practice within their own organization…

 

Read Full Article

Publication, Staff | |

Workplace safety is no game – Roll the dice and you may go straight to jail

As published in BUILD Magazine 2019/2020

Imagine yourself facing criminal charges and the stigma of a criminal conviction, or serving jail time and paying a hefty fine. Could you have done something differently to avoid such consequences?

This article chronicles five decisions where criminal convictions were handed down for workplace accidents since a broader regime of criminal liability under the Criminal Code was brought into force in 2004…

Read Full Article

Article, Staff | |

Cannabis Producer Challenges Municipal Land-Use Regulation, and Wins

The matter of 0826239 B.C. Ltd. v. Richmond (City), 2018 BCSC 1438 (CanLII) involved a business owner planning to operate an agricultural greenhouse facility within the City of Richmond and seeking building permits from the City to construct the greenhouses for the operation.  The dispute is seeded in lands that are part of the Agricultural Land Reserve (“ALR“).  The issue before the court was whether the City…

Read Full Article

Article, Staff | |

Seeing the Forest From the Trees: Opportunities for Harvesting Carbon Assets

British Columbians are well acquainted with their province’s economic reliance on the forest industry as an economic resource. Less commonly known and understood is forest carbon sequestration – the use of the forests for the carbon resource they hold – a resource that can be utilized without harvesting the timber. For this article, we focus on the potential use by community forest operations of the forest carbon assets from which carbon offsets can be generated and sold…

Read Full Article