Articles & Publications

Publication, Staff | July 13, 2020 | Sonia Sahota

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…

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Publication, Staff | April 9, 2020 | Pam Jefcoat

Charlesfort Developments Ltd. v. Ottawa (City of), 2019 ONSC 4460

As published in Northern Construction Connection June 2020 Newsletter

In this July 24, 2019 Ontario Superior Court of Justice decision, Justice Sally Gomery addressed the question of whether the City of Ottawa was legally required, as part of a site-specific rezoning process, to advise the developer, Charlesfort Developments Ltd. (Charlesfort), of the risks of developing next to critical municipal infrastructure that was located in an adjacent municipal easement.  In this case, the property was being rezoned to permit the development of a 15-storey condominium tower with a 2-storey underground parking garage. The property adjacent to the development site contained an easement in favour of the City of Ottawa, within which a high-pressure water main was located……

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Publication, Staff | March 12, 2020 | Sonia Sahota

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…

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Publication, Students | February 11, 2020 |

The Anatomy of a Delay Claim

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….

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Publication, Staff | February 4, 2020 |

Smart Cities – They’re Watching You

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….

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Publication, Staff | January 6, 2020 | Sonia Sahota

The Legality of Holding a Grudge in Public Procurement

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”…

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Publication, Students | December 12, 2019 |

Swinging Construction Cranes—Trespass or Nuisance?

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…

 

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Publication, Staff | December 2, 2019 |

Addressing Climate Change: Can Natural Asset Management Actually Reduce Liability Risk?

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?

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Publication, Staff | November 13, 2019 |

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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Publication, Staff | November 11, 2019 |

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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