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.
The Supreme Court of Canada released its decision in Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel, 2015 SCC 43, on September 18, 2015 and clarified the interaction between lien claims and statutory trusts upon the filing of a lien bond. The Court found that filing a lien bond to remove a lien from property does not satisfy a contractor’s trust obligations.
On May 21, 2013 Chris Boyle, an employee of R.D. Longard Services Limited (“Longard”), died on the job after being electrocuted. Longard was charged under the Nova Scotia Occupational Health and Safety Act. The charges included not taking every reasonable precaution for the health and safety of Mr. Boyle. By decision dated April 17, 2015, Judge Anne Derrick found Longard guilty. Sentencing is to take place later.
“I know it’s outside the scope but we’ll work out the details after it’s finished.”
The Nova Scotia Occupational Health and Safety regime is undergoing a complete overhaul, with potential huge impacts for employers respecting cost of compliance and risk of liability. The changes are part of the five-year Workplace Safety Strategy, a joint initiative between the Department of Labour and Advanced Education and the Workers’ Compensation Board. The Strategy was developed in direct response to a recognition that the old system—a piecemeal assortment of rules and regulations—was tough to navigate and produced inconsistency in interpretation and enforcement.
Both the Mechanics’ Lien Act in New Brunswick and the Builders’ Lien Act in Nova Scotia contain provisions which deem certain money received by owners, builders and contractors to be held in trust for those below them on the construction ladder. The money is to be held in trust for the protection of those to whom money is owed as a result of services or materials supplied to the construction project.
Throughout the ages the risk of injury has been a constant reality incidental to construction projects. The dangers inherent at any work site are numerous and despite the best safety regimes, accidents are inevitable.
Issues arise on every construction, so what separates the projects that complete successfully from those mired in litigation? Whether it is early intervention to nip catastrophe in the bud or proactive management before problems arise, there are some easy guidelines to minimize risk. Click here for more.
Anyone who has ever been involved in a complex, multi-party construction project will know that conflict is virtually inevitable. Whether it is the cost of work performed under an owner-requested change order, the need for revised engineering to correct design deficiencies, or the insolvency of a major player in the midst of construction, disagreements can arise in an almost limitless number of circumstances and involve sums ranging from hundreds to millions of dollars.