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|Design, Build, Insure: What a B.C. Court Case Means For Your Construction Clients|
Lauren Kristjanson, Grant H. Mayovsky, David Miachika; Borden Ladner Gervais LLP;
March 9, 2015, previously published on January 09, 2015A recent court case in British Columbia interprets, for the first time, a standard exclusion clause in a standard construction policy, potentially setting a precedent that brokers and insurers throughout Canada should note. In Acciona Infrastructure Canada Inc. v. Allianz Global Risks US Insurance...
|Bill 26: An Act To Ensure Mainly The Recovery Of Amounts Obtained As A Result Of Fraud Or Fraudulent Tactics In Connection With Public Contracts|
Yvan Houle; Borden Ladner Gervais LLP;
March 9, 2015, previously published on January 07, 2015The Quebec government recently introduced Bill 26 titled the Act to ensure mainly the recovery of amounts obtained as a result of fraud or fraudulent tactics in connection with public contracts which is an extension of its attempts to clean up the construction industry in the wake of the troubling...
|The Right to Stop Work - looking behind the headlines of the Kiewit-Turner decision|
Timothy W. Gordon; Holland & Hart LLP;
March 6, 2015, previously published on December 10, 2014On December 9, 2014, a three-member panel of the Civilian Board of Contract Appeals ("CBCA") ruled that Kiewit-Turner, a Joint Venture ("KT"), could rightfully stop work on the Aurora VA hospital project. Kiewit-Turner, a Joint Venture v. Dept. of Veterans Affairs, CBCA 3450....
|Fourth District Reverses Lower Court Ruling in Construction Defect Litigation|
John R. Clifford, Edward P. Garson, Gregory D. Hagen, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
March 5, 2015, previously published on February 18, 2015On January 22, 2015, the Fourth District Court of Appeals issued for publication its decision in McMillin Companies LLC v. American Safety Indemnity Company, 4th Dist. Div. 1, D063586.
|Public Entities Beware: Construction Retentions Are Not Insurance Policies|
Mandy L. Jeffcoach; McCormick, Barstow, Sheppard, Wayte & Carruth LLP;
March 5, 2015Retentions withheld on public contracts have historically been used as a mechanism to protect the public entity from disputes that may arise from its contract with a contractor, whether such disputes related to extra work or defective work. A public entity’s ability to withhold retentions was...
|If you are omitting works or amending your contract, watch out!|
Paul Brecknell; Withers Bergman LLP;
March 4, 2015, previously published on February 25, 2015You want to undertake works and you appoint a contractor. You then change your mind, and decide to omit some of the works or amend the contract. You will need to consider whether this has an impact on other contractual provisions. In a recent case, the court has ruled that a commercially agreed...
|Construction (Design and Management) Regulations 2015|
Paul Brecknell; Withers Bergman LLP;
March 4, 2015, previously published on February 25, 2015The current health and safety regime for construction projects, the CDM Regulations 2007, are changing and, subject to Government approval, will be revoked and replaced with the new Construction (Design and Management) Regulations 2015 (CDM 2015) on 6 April 2015. CDM 2015 will apply to all...
|Appellate Court Reverses Jury Award To Golf Course Contractor|
Jason R. Urbanowicz; Rogers Towers, P.A.;
March 3, 2015, previously published on January 28, 2015The Second District Court of Appeal recently reversed a jury verdict that awarded a contractor nearly $300,000 after determining that the amount had already been paid by another entity. The dispute in Tern Bay Community Development District v. Ryangolf Corporation arose from the planned development...
|Breaking the Mould - BC Introduces New Building Act|
Joy Ren; McCarthy Tétrault LLP;
March 3, 2015, previously published on March 2, 2015The Province of British Columbia recently introduced the new Building Act (Bill 3 ¿ 2015) on February 12, 2015, which according to the Province’s newsroom, aims at modernizing the building regulatory system in British Columbia.
|What Difference Does It Make? Pay If Paid vs. Pay When Paid|
Steven W. Weeks; Taft Stettinius & Hollister LLP;
March 2, 2015, previously published on February 16, 2015When does a subcontractor get paid for its work? Not surprisingly, this is one of the enduring major issues in subcontract agreements. The traditional provision is exemplified by AIA Document A401: “The Contractor shall pay the Subcontractor each progress payment no later than seven working...