Written by F. Richard Gosse. Background The concept is not new – parties committing to provide work or services decide to write down what each expects of the other: a scope of work, a mechanism for payment, some general provision for timelines, changes, and warranties or the like. More sophisticated engagements may (or may not) […]
Five years after repeal of the Public Tender Act, specific details of the operation of the Public Procurement Act (the “Act”) remain a mystery to many. This is concerning given the Act’s stated objectives of transparency and accountability. Debriefing is a key mechanism to meet these objectives but, based on client and industry interactions, it […]
Successful business is built on clear communications that verify that what I expect from you aligns with what you expect from me. As work advances, that means checking-in to confirm that things have not changed or, more likely, to update expectations because things have changed. The goal is to communicate effectively and to preserve a […]
There are too many moving parts to assume that every aspect of a construction project will stay on schedule all of the time. Delay is not only frustrating: it is expensive. Few can afford to have crews or equipment sit idle. Managing interruptions is a necessity and not just a skill, as traditionally delay costs […]
Amid the messages of complex and difficult times it should be no surprise that a traditionally challenging topic – procurement – would be even more complex these days. The attention needed to sustain the health of any business is even greater as we struggle to “flatten the curve” through self-isolation. But industry dare not stop […]
“I’d just like to be paid” It hardly seems fair. You’ve worked all your life gaining credentials, securing a position and building a reputation. You’ve had to create your own opportunities. No one gave you that contract; you had to compete for it and it was awarded to only you. You rallied an able workforce […]
Terra Services Inc. v. Her Majesty the Queen 2018 NLSC 221 As the Province of Newfoundland and Labrador remains a major driver of local construction and development the issue frequently arises as to whether the protections intended by the Mechanics’ Lien Act (“MLA”) can be extended to these provincial projects. As a general rule, the […]
Contrary to the perception that lawyers thrive in loopholes, when a dispute arises, the concepts of fair and reasonable are consistent. It is on that basis that most parties are able to work through disputes without commencing litigation.
The world of the contract lawyer should never be immune from the press for efficiency; the reliable, predictable and confidently reproducible contract in standard form is the one-size solution to fit most client needs.
“I know it’s outside the scope but we’ll work out the details after it’s finished.”