The Devil is in the Details: Scope of Work Goes Further Than Any Long-Form Contract
I recently had the pleasure of attending the Construction Owners’ Association of Alberta Best Practices 2016 Conference and was part of a...
Contractual Schedule Benchmarks are a Double-Edged Sword
A contractor and a subcontractor attach a schedule to a contract, a schedule with fancy details (probably a Gantt chart) and done on...
Cash Flow Crunches: How to effectively address disputes and claim issues efficiently and amicably
What do I do when I’m not getting paid on my project? Or, depending on your perspective: what do I do when my contractor or subcontractor...
How to not bet the farm on this next project: different options for project structuring and risk man
Welcome to a new year and new challenges. In these more uncertain times with less work available for the same, or more, number of...
Loose Promises Can Come Full Circle: Late-filed liens could be enforceable, if the facts are right
There are few, if any, cases in Alberta that directly answer the question: can an owner make a promise to a contractor to entice the...
Performance Based Incentives Could Survive Termination: LTIPS, vested or unvested, can be a substant
Long term incentive plans are a popular mechanism to both attract and, more importantly, retain senior level personnel. Such was the...
When the Delay Really Isn’t the Contractor’s Fault: Someone has to pay and a “time is of the essence
Earthworks projects, while they may sound simple (“moving dirt”), often have many hidden land mines that threaten to throw both...
Horse-Trading Employees: One Company’s Liability for the Operations of Another Company and Unexpecte
It is very common for corporate groups or joint ventures to “lend” employees from one company to another to meet certain temporary...
Termination of a Supervisor for Out of Control Subordinates: Think you have cause? Think again.
A company’s team of people will often have supervising levels of personnel who are, as far as upper management is concerned, responsible...
Sureties, Subcontractors and Secured Creditors - Competing Rights Under the Builders’ Lien Act and B
Projects often involve various different lending and security groups that sometimes (perhaps without realizing it) include the...