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 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…
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….
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 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?
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…
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…
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…
In recent years, the accumulation of plastic waste in marine environments has come to the public’s attention. All levels of government have shown an awareness and desire to address this issue in some way…