Breaking Down the Walls – Forensic Schedule Analysis
Breaking Down the Walls: A Series on Construction Delay This article was co-authored by Thomas Certo of Ankura In the fast-paced world of construction, delays and disruption can pose significant challenges to project success. In this Breaking Down the Wallsseries, Gary Brummer, a partner at Margie Strub Construction Law LLP, and Jacob Lokash, an associate […]
Breaking Down the Walls – Concurrent Delay
Breaking Down the Walls: A Series on Construction Delay This article was co-authored by Thomas Certo of Ankura In the fast-paced world of construction, delays and disruption can pose significant challenges to project success. In this Breaking Down the Wallsseries, Gary Brummer, a partner at Margie Strub Construction Law LLP, and Jacob Lokash, an associate […]
Breaking Down the Walls – Disruption
Breaking Down the Walls: A Series on Construction Delay This article was co-authored by Thomas Certo of Ankura In the fast-paced world of construction, delays and disruption can pose significant challenges to project success. In this Breaking Down the Wallsseries, Gary Brummer, a partner at Margie Strub Construction Law LLP, and Jacob Lokash, an associate […]
Breaking Down the Walls – Delay Damages
Breaking Down the Walls: A Series on Construction Delay – Delay Damages This article was co-authored by Thomas Certo of Ankura In the fast-paced world of construction, delays can pose significant challenges to project success. In this Breaking Down the Walls series, Gary Brummer, a partner at Margie Strub Construction Law LLP, and Jacob Lokash, […]
Breaking Down the Walls – Delay Claim Basics
Breaking Down the Walls: A Series on Construction Delay – Delay Claim Basics This article was co-authored by Thomas Certo of Ankura In the fast-paced world of construction, delays can pose significant challenges to project success. In this Breaking Down the Walls series, Gary Brummer, a partner at Margie Strub Construction Law LLP, and Jacob […]
Acting with Due Diligence as an Owner under the OHSA
Acting with Due Diligence as an Owner under the OHSA Key Takeaways The Ontario Superior Court of Justice recently provided insight into what steps an owner must take to establish a defence of due diligence and avoid liability under the Ontario Occupation Health and Safety Act, R.S.O. 1990, c. O.1 (“OHSA”).[1] Last year, the Supreme […]
Contract Completion and Adjudicator’s Jurisdiction under the Construction Act
Contract Completion and Adjudicator’s Jurisdiction under the Construction Act Key Takeaways The adjudicator failed to apply settled and longstanding jurisprudence to the meaning of deemed “contract completion” under the Construction Act. The date a contract is “completed” within the meaning of Subsection 13.5(3) of the Construction Act is determined by reference to the value of […]
Increased Liability of Owners Under the OHSA
Increased Liability of Owners Under the OHSA Key Takeaways Arguably the most important construction law case to reach the Supreme Court of Canada in years, R v Greater Sudbury (City) greatly expands the legal liability of an owner who engages a constructor on a project.[1] The Court’s decision establishes that owners who enter into a […]
Does a terminated contract “cease to exist”?
Does a terminated contract “cease to exist”? Introduction On April 19, 2022, we released an article on the Divisional Court’s decision in SOTA Dental Studio Inc. v. Andrid Group Ltd.1 to dismiss an application for judicial review because of the applicant’s failure to comply with the adjudicator’s determination. While the Divisional Court’s decision was a […]
Public-Private Partnerships and the Allocation of Risk
Public-Private Partnerships and the Allocation of Risk The allocation of risk in public-private partnership agreements is carefully balanced. That balance, however, can be easily disrupted in the wake of a worldwide pandemic. In a recent decision, Crosslinx v Ontario Infrastructure1, the Court tipped the scale in favour of the private sector—allocating pandemic risk to the […]