Limiting Liability by Contract

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) […]

A Step Back for Holdback Trust Accounts: Amendments to New...

New Brunswick’s Construction Remedies Act (the “Act”) received Royal Assent on December 18, 2020.  The “new” Act, which replaces the Mechanic’s Lien Act, applies to all construction contracts entered into on or after November 1, 2021. On April 1, 2022 sections 37 and 38 of the Act came into force, creating and outlining the requirements […]

December 28, 2022

More Effective Communications Between Parties to Construction Contracts

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 […]

December 28, 2022

Contracting Out of Delay?

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 […]

October 12, 2022

Canada vs. The U.S.: Songwriter Collaborations and the Value of...

Introduction Two or more songwriters sit down… armed with guitars and a notepad… intending to change the world with a great song (or at least make some money). Whether songwriters co-write with their co-writer(s) in a living room, spontaneously in the studio, during a song camp, or via Zoom, it is critical that they consider […]

Have Your Contracts Stood Up Against the Pandemic?

The pandemic continues to wreak havoc on many industries. Whether it is supply chain issues, employee absences, or rental disputes, those relationships are all governed by contracts. Halifax litigation lawyer, John Boyle outlines recent court decisions and how to assess your own contracts.

Change Afoot: New Brunswick’s Construction Remedies Act

New Brunswick’s Bill 12: Construction Remedies Act received Royal Assent on December 18, 2020, and the majority of its provisions came into force on November 1, 2021.  The new Act replaces the Mechanics’ Lien Act, SNB 1973, c.M-6. While the new Construction Remedies Act retains a number of the key elements of the  Mechanics’ Lien […]

January 14, 2020

Technology and the Construction Industry: Opportunity for Evolving Trends in...

Developments in technology Industry is driven, in part, by developments in technology — construction is no exception. Technology in the construction industry brings about positive change — cost effectiveness, increased efficiency and safer projects. However, technology also means new concepts, new products and new processes, all of which bring about new legal risk. The Canadian […]

General Holdback Chart

Each province has its own holdback requirements, which makes managing construction projects and contracts across provincial borders complex. For easy reference to holdback details across Canada, see the chart below which includes details for the holdback percentage, holdback period, lien registration deadline, and whether there is provision for an early release, for each province and […]

Reforming the New Brunswick’s Mechanics’ Lien Act: Prompt Payment and...

The New Brunswick Legislative Services Branch is considering recommending changes to the Mechanics’ Lien Act (1973), the main Construction Law statute in the Province.