Legal Desk
April 12, 2019 - Given recent changes to Ontario’s Construction Act and a series of decisions across Canada involving ‘pay when paid’ clauses, this column will try to provide a dashboard of how such clauses are being interpreted in various jurisdictions.
November 27, 2018 - While the title of this article may seem somewhat harsh, there is a trend in subcontract language today we need to address because it could cause ‘project cancer.’


July 27, 2018 — I’ve noticed a common trait among the various members of the construction industry that I meet through my work and at conferences. Please don’t hate me for saying it, but many of you are loathe to read your construction contracts or, at the least, have someone read them for you.
April 4, 2018 — The Ontario government is due to proclaim a new Construction Act (which heavily modifies the current Construction Lien Act), and while a lot of time has been spent discussing new prompt payment provisions (justifiably so), of equal importance is a whole new section regarding Adjudication.
January 22, 2018 — As a construction lawyer, a large part of my practice tends to focus on projects gone wrong. You may be thinking of some of your own projects right now, asking What the hell went wrong?
August 17, 2017 - In May, the Ontario government passed first reading of Bill 142 (2017), “An Act to amend the Construction Lien Act”, which reflects recommendations from “Striking the Balance: Expert Review of Ontario’s Construction Lien Act” a.k.a. the “Reynolds Report”.
April 10, 2017 - In April 2012, I attended the Forum on Construction Law (an annual conference presented by the American Bar Association), which was almost exclusively premised on what was then a new and emerging contractual platform called Integrated Project Delivery IPD).
January 18, 2017 - A though not new, Escrow Bid Documents are being increasingly used in tender requirements for many public agencies and, in particular, municipalities.
October 11, 2016 - Hiring a lawyer is not usually at the top of someone’s To Do list, but there may come a time when you, as a contractor, have no other choice. It’s an expensive process, and you do yourself no favours by loading your lawyer with basic project records and organization issues. Here are my suggestions to keep things running smoothly and a little less pricey:
July 6, 2016 - We are always told the United States is the land of the free; they project an image that is often anti-government intervention and, by extension, anti-legislation, and yet they have legislation that prohibits a specific contractual term that you, as a contractor, sign up for each and every week. I’m talking about indemnity clauses.

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