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There are essentially two types of cost increase clauses. The first is a clause that passes through any increases for construction costs that result from regulatory changes such as zoning, building code...

A 2026 Ontario Court of Appeal decision reveals that construction contracts signed years after legislative reforms may still be governed by the old Construction Lien Act if the procurement process began before July 1, 2018. The ruling demonstrates how early project proposals and negotiations can determine which statutory regime applies, regardless of when the final contract was executed or where the project was ultimately built.

The issue before the court was whether the bidding process resulted in a contract which obligated Marathon to offer the roofing contract to Dynasty at Dynasty’s bid price absent any other reasonable cause to reject Dynasty as a subcontractor.

There has been much written in the papers about a number of pre-construction condominium cancellations over the last few years which have ...

This week from October 8 to October 14, 2017, marks Fire Prevention week across Canada. This year's theme is "Every Second Counts : Plan 2 Ways Out!"

The Public Works Act ("PWA") is a helpful, rarely litigated piece of legislation for unpaid subcontractors.

In addition to its underlying logic, downing tools can be effective. First, it exercises the most powerful leverage the contractor possesses.

On October 3, the Ontario Ministry of Tourism, Culture and Sport released a draft of "A Guide to Cultural Heritage Resources in the Land Use Planning Process" (the Draft Guide).

In Couillard Construction Limitée v. Le Procureur Général du Québec (MTQ), 2022 QCCS 2069, the Superior Court of Québec granted a general contractor payment in full...

You were successful in an Adjudication under the Construction Act, and now want to know how to enforce the Order.

It is a defining attribute of government that it has the power to take private property for public purposes, without the owner’s consent. However, most expropriations of land in British Columbia are governed by the "Expropriation Act", which ensures a fair procedure and entitles owners to be paid compensation.

This is the most recent in a series of posts which discuss the proposed recommendations set out by the Expert Panel in its report entitled Building Common Ground – A New Vision for Impact Assessment in Canada, The Final Report of the Expert Panel for the Review of Environmental Assessment Processes.

The Federal Prompt Payment for Construction Work Act (the Act) came into force on December 9, 2023. The Act represents a major milestone in a process...

The rapidly growing coronavirus pandemic poses an increasing concern for business continuity, especially within the construction industry.

On Sept. 14, 2023, Prime Minister Justin Trudeau announced that the federal government is removing Goods and Services Tax (GST) on new purpose-built rental housing in order...

For commercial real estate lenders, advancing loan funds safely requires ensuring that no active construction liens can impact the property. This is crucial in mitigating financial risks associated with construction projects.

In October 2019, the prompt payment rules were introduced to Ontario's construction industry as part of the province's updated Construction Act.