Here’s the Drill: Commingling of Funds – Carillion Canada
On June 28, 2021, the Court of Appeal for Ontario released a decision dealing with an insolvent contractor and the complications that arose when the funds it received from project […]
Lien Rights: To Assign or Not to Assign (Should you ask the question?)
Assignment of lien is a powerful but underused section of Ontario’s Construction Act. Assignment allows a party with lien rights to transfer their rights (and rights to any related court […]
Jeff Scorgie provides comment to Daily Commercial News on the climate of material price escalation and its impacts on bonding limits
Andrew Cartwright and Chris Dardarian’s article in Daily Commercial News, “Surety Corner: How the current climate of material price escalation impacts bonding limits”, published on June 10, 2021 discusses how […]
Construction Reopens June 11th, 2021 – Are your Delay Claims Ready?
Starting June 11th, 2021, Ontario will officially enter Step 1 of the recently announced Roadmap to Reopen framework. For those in the construction industry, this means that all construction activities […]
Daily Commercial News provides coverage on panel, “Managing the COVID-19 Related Claims Process” moderated by Glenn Ackerley at the Toronto Construction Association’s virtual Members’ Day
Daily Commercial News recently reported on a panel discussion moderated by WeirFoulds Partner Glenn Ackerley, “Managing the COVID-19 Related Claims Process” that took place at Toronto Construction Association’s virtual Members’ […]
Policy, not law: the Divisional Court discusses the Clergy principle
On May 5, 2021, the Ontario Divisional Court released its decision in Masters v Claremont Development Corporation[1], which discusses the Clergy principle, as well as the jurisdiction of the Divisional […]
WeirFoulds recognized in the 2021 Canadian Legal Lexpert Directory
WeirFoulds is pleased to announce that 28 of our lawyers have been recognized in 17 different practice areas in the 2021 Canadian Legal Lexpert Directory. Each lawyer was selected based […]
Only Bricks and Mortar? Your Performance Bond Might Cover More Than You Think
Players in the construction industry rely on risk allocation to keep the industry functioning. As Covid-19 has reminded us, the world is full of uncertainty; even carefully planned, well-organized projects […]
WeirFoulds welcomes two new associates
WeirFoulds is pleased to welcome two new associates to the firm in the following practice areas: Alyssa Clutterbuck – Municipal Law Alyssa is an associate in the Municipal Law Practice […]
Reasonable, or Unreasonable? That is the Question – Using Discretion in Construction Projects Should be Reasonable
On February 5, 2021, the Supreme Court of Canada (“SCC”) released its decision in Wastech Services Ltd. v Greater Vancouver Sewerage and Drainage District[1] (“Wastech”). This decision will impact all […]
Here’s the Drill: Strategic Procurement – Drawbacks of Using Nonnegotiable Supplementary Conditions in RFPs
Requests for proposals (“RFPs”) are a popular procurement model for those looking to hire a construction contractor. RFPs will commonly stipulate the form of contract the owner intends to use. […]
The Home Construction Regulatory Authority Replaces Tarion as Regulator of Ontario’s Homebuilding Industry
Big changes to the licensing and regulation of Ontario’s homebuilding industry are here. Effective February 1, 2021, a new stand-alone regulator called the Home Construction Regulatory Authority (the “HCRA”) will […]
Here’s the Drill: Prompt Payment – Are your contracts in order?
In October 2019, the prompt payment rules were introduced to Ontario’s construction industry as part of the province’s updated Construction Act. The rules mark a significant shift with respect to […]
Conduct Matters in Contracts: What You Need to Know About the Duty of Honest Performance in Construction Contracts
On December 18, 2020, the Supreme Court of Canada (“SCC”) released its decision in C.M. Callow Inc v Tammy Zollinger[1] (“Callow”); this decision will impact contractors, subcontractors, suppliers and various […]
Business as Usual-ish: Construction Activities and a New Lockdown for Ontario
Although Ontario is heading back into lockdown starting this Boxing Day, for those in the construction industry it remains very much business as usual (which is to say, “usual” within […]