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HTMLDesign, Build, Insure: What a B.C. Court Case Means For Your Construction Clients
Lauren Kristjanson, Grant H. Mayovsky, David Miachika; Borden Ladner Gervais LLP;
Legal Alert/Article
March 9, 2015, previously published on January 09, 2015
A 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...


HTMLBill 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;
Legal Alert/Article
March 9, 2015, previously published on January 07, 2015
The 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...


HTMLThe Right to Stop Work - looking behind the headlines of the Kiewit-Turner decision
Timothy W. Gordon; Holland & Hart LLP;
Legal Alert/Article
March 6, 2015, previously published on December 10, 2014
On 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....


HTMLFourth 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;
Legal Alert/Article
March 5, 2015, previously published on February 18, 2015
On 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.


HTMLPublic Entities Beware: Construction Retentions Are Not Insurance Policies
Mandy L. Jeffcoach; McCormick, Barstow, Sheppard, Wayte & Carruth LLP;
Legal Alert/Article
March 5, 2015
Retentions 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...


HTMLIf you are omitting works or amending your contract, watch out!
Paul Brecknell; Withers Bergman LLP;
Legal Alert/Article
March 4, 2015, previously published on February 25, 2015
You 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...


HTMLConstruction (Design and Management) Regulations 2015
Paul Brecknell; Withers Bergman LLP;
Legal Alert/Article
March 4, 2015, previously published on February 25, 2015
The 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...


HTMLAppellate Court Reverses Jury Award To Golf Course Contractor
Jason R. Urbanowicz; Rogers Towers, P.A.;
Legal Alert/Article
March 3, 2015, previously published on January 28, 2015
The 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...


HTMLBreaking the Mould - BC Introduces New Building Act
Joy Ren; McCarthy Tétrault LLP;
Legal Alert/Article
March 3, 2015, previously published on March 2, 2015
The 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.


HTMLWhat Difference Does It Make? Pay If Paid vs. Pay When Paid
Steven W. Weeks; Taft Stettinius & Hollister LLP;
Legal Alert/Article
March 2, 2015, previously published on February 16, 2015
When 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...


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