Welcome to the February 2023 TDS Construction Law Newsletter
TDS releases this newsletter twice per year to summarize and highlight recent key cases and other legal developments impacting the construction industry here in Manitoba and across Canada.
RECENT CONSTRUCTION LAW ARTICLES
Surety Bonding on Construction Projects: The Basics by TDS Lawyer Sharyne Hamm
Consideration of whether a bond is appropriate in your construction project will require an analysis of how risks are to be allocated between the owner and the contractor.
While a bond may not be appropriate in every circumstance, this article will provide an overview of the basic types of bonds in the construction industry.
An Overview of Insolvency Proceedings in the Context of the Construction Industry by TDS Lawyers Melanie LaBossiere and Ross McFadyen
Builders’ lien and statutory trust issues are complex in the best of circumstances. Cash flow issues, financial distress, and insolvency during a construction project only work to further complicate these issues.
Important Issues to Consider Prior to Terminating a Construction Contract: 3065448 Manitoba Ltd. v. Bolay by TDS Lawyer Jarrod Sundmark
A 2022 decision from the Manitoba Court of King’s Bench highlights the potential consequences owners face in wrongfully removing a contractor from a project. In 3065448 Manitoba Ltd. v. Bolay, the Court awarded the plaintiff contractor damages as a result of the defendant owner’s wrongful termination of the contract – despite the owner’s concerns relating to delays and deficient work on the part of the contractor.
Accessibility Standard for Employment – Compliance Deadline for ALL Employers: May 1, 2022 by TDS Lawyer Melissa Beaumont
The Accessibility for Manitobans Act (the “AMA”) has established certain standards to achieve accessibility for Manitobans disabled by a barrier. The Accessible Employment Standard Regulation came into force on May 1, 2019. The regulation requires employers to create policies and practices with a view of increasing accessibility in the workplace.
By May 1, 2022, all employers must comply with the following requirements, which require employers to consider reasonable accommodation at various stages of employment.
Two Members of the TDS Construction Sector Group Receive King's Counsel Designations
TDS lawyers John Stefaniuk, K.C., and Lisa Stiver, K.C., received the Government of Manitoba’s designation of King’s Counsel (K.C.) in January. The appointment recognizes lawyers who have demonstrated outstanding practice, integrity and leadership as a lawyer, and who have fostered excellence in the legal profession.
John is a partner at TDS who engages in a broad practice with emphasis on environmental law, real estate and development law, natural resources and energy, commercial law and municipal law matters. View John's full profile on the TDS website
Lisa is a partner at TDS who’s practice focuses on corporate and commercial law, with particular emphasis on commercial transactions, real property conveyancing, leasing and financing, and public tendering and procurement. View Lisa's full profile on the TDS website
Construction Industry Development: The Leaf opens its doors!
TDS congratulates our client, the Assiniboine Park Conservancy on completing this landmark project.
The Leaf is an indoor horticultural attraction at Assiniboine Park where visitors will journey through four distinct biomes: the Hartley and Heather Richardson Tropical Biome, Mediterranean Biome, Babs Asper Display House, and the Shirley Richardson Butterfly Garden. Experience a stunning showcase of our diversity, expressed through plants that shape our lives here and across the globe.
John Stefaniuk and Jon Woolley - Lexpert Ranked Infrastructure Lawyers
TDS lawyers John Stefaniuk and Jon Woolley were recently recognized as Lexpert-ranked infrastructure lawyers in The Lexpert Special Edition: Infrastructure 2022.
John engages in a broad practice with emphasis on environmental law, real estate and development law, natural resources and energy, commercial law and municipal law matters. View John's full profile on the TDS website
Jon's practice is focused primarily on construction law and civil litigation, and he currently provides advice to owners, architects, engineers, general contractors, subcontractors and suppliers in all aspects of construction law. View Jon's full profile on the TDS website
IN TDS NEWS
TDS Welcomes Erin Lawlor Forsyth
Erin is an associate with TDS who practices civil litigation and administrative law. Her practice is focused primarily on the areas of construction law, insurance law and commercial litigation.
Immigration Advice for Employers – Ask Jennifer McRae
Jennifer is a lawyer at TDS who’s practice focuses on Canadian immigration law and the corporate and commercial laws that impact businesses and entrepreneurs, who have immigration needs and requirements.
The TDS Construction Group offers a skilled and knowledgeable legal team ready to collaborate with you at every phase of your project. We have a multidisciplinary team of transactional lawyers and litigators able to provide comprehensive legal services on projects of every scale. We provide legal services to:
• Owners and developers • General contractors • Subcontractors • Material and equipment suppliers • Lenders • Insurers • Sureties • Engineers and architects, and • All others engaged in the construction industry.
If you have any questions or comments regarding this electronic newsletter, or would like to reproduce one of our articles in your publication please e-mail clientservices@tdslaw.com or call us toll-free (North America) at 1 855-483-7529. We highly value your feedback.
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