Oct 10, 2019
An insurance claim case study
Legal advice can help avoid potential issues and pitfalls when filing insurance claims.
Oct 7, 2019
Prompt payment and adjudication: A national movement
If an unpaid party receives a notice that it is not going to be paid for services or product, it can send a dispute over the unpaid amount to “adjudication.”
Sep 18, 2019
A damage case study: Beware contract insurance provisions
Parties in a construction contract must read the insurance requirements carefully.
Sep 3, 2019
Case study: Tree removals, boundary trees and nuisance
Disagreement over removal of a boundary tree can lead to legal action
Apr 1, 2019
Managing construction debt collection Part 111: As the project draws to a close
The last in a series of articles on debt collection
Mar 1, 2019
Managing construction debt collection Part II: As construction progresses
Discussing the steps contractors, subcontractors and suppliers can take to address debt collection issues.
Feb 1, 2019
Managing construction debt collection: Part 1
Debt collection issues should be considered from the time you first negotiate or bid for a contract or subcontract.
Jan 14, 2019
Interest rates and contracting
In order to receive a specified rate of interest, the rate should be expressly provided for in the contract.
Nov 1, 2018
Bonds in construction: Part two
An overview of types of bonds, applicable limitation periods and claims against bonds.
Oct 17, 2018
Obligation to supply salt during a shortage
Potential salt shortages means companies need to review their contracts and obligations with customers.
Oct 4, 2018
Bonds in construction, Part 1
A bond secures some or all of a principal’s obligations under an underlying tender document, contract, subcontract or payment obligation.
Jun 14, 2018
Case study: Criminal charges upheld - Legal matters
Proper safety training and systems protect the welfare of our employees and their families, but investment in safety training and protocols is an investment in a company’s success
May 2, 2018
A case study: A contractor's blind reliance on contractual terms
Take your clients through the contract page by page to ensure the client has a complete understanding of how the contract work.
Mar 6, 2018
The potential lien for maintenance work in Ontario - and beyond
A recent case has opened the door for landscape maintenance contractors in Ontario to argue that their services should be considered lienable.
Jan 9, 2018
Case study: Where a written change order is required but not obtained
Good risk management under a contract requires contractors and subcontractors to be thinking about the contract throughout the life of a project.
Jan 1, 2018
Considerations for the design consultant
What is the role of the design consultant, with respect to contractual relationships, the tender process, and review and inspection responsibilities.
Oct 1, 2017
A primer on shop drawings
The need to review and accept the shop drawings ensures the work described in the drawings will meet the needs of the over-all design and integrate properly with the rest of the work.
Sep 28, 2017
Thoughts on liability and property insurance
When purchasing insurance, it is important to work with your broker to understand what is, and what is not, included in the insurance policy
Sep 28, 2017
Payment and adjudication legislation comes to Ontario
New legislation could mean quicker payments and a mandatory adjudication process to resolve disputes
Jul 31, 2017
Revisiting anti-spam legislation
Summarizing the framework for Canada's Anti-Spam Legislation (CASL).
Apr 24, 2017
A case study: Importance of contract terms
The time for planning on contracts is at the outset, when everyone is getting along.
Nov 10, 2016
Consequential loss goes to Ottawa Part II
Robert Kennaley examines a significant Supreme Court of Canada case regarding the "own work exclusion" and the extent to which a contractors liability insurance policy should cover what is known as consequential loss.
Sep 28, 2016
Revisiting enforceability of notice provisions under a contract - September 2016 Landscape Trades
Courts will not hesitate to enforce technical notice requirements, Robert Kennaley writes. Protect yourself and your business by understanding the details and clauses in each contract you sign.
Aug 29, 2016
A recent slip-and-fall case: One for contractors - August 2016 Landscape Trades
Robert Kennaley looks at a recent slip and fall case which reiterated the principle that, at least in Ontario, neither the occupier nor the contractor he hires is responsible to guarantee against slips-and-falls. Rather, what is required is that a reasonable system be in place to guard against such falls — and that the system be followed.
Jun 13, 2016
Consequential loss goes to Ottawa
The Supreme Court of Canada has been asked to consider the line between faulty workmanship and 'resulting' or 'consequential' loss in a CGL (comprehensive general liability) policy.
Aug 1, 2015
Unavoidable litigation: When cooler heads won't prevail - Legal matters August LT 2015
Case study: Contractor wins a lawsuit, but loses on the bottom line.
Apr 1, 2013
Managing construction debt collection at the negotiation stage
Planning ahead in case of the need for debt collection can better assist a business to get paid.
Jan 1, 2013
Constructing a clear contract
Take care in negotiating indemnification and insurance provisions in a contract.