Construction

Events & Seminars


  • January 17, 2017 - January 19, 2017
    8:00 am - 5:00 pm

​TDS is pleased to sponsor the Agri-Marketing Centre at Manitoba Ag Days, taking place January 17 – 19 in Salon A of The Keystone Centre.


  • January 19, 2017 - January 20, 2017
    8:00 am - 3:30 pm

TDS is proud to sponsor the Manitoba Bar Association Mid-Winter Conference. It is a two-day legal conference designed especially for Manitoba members.


  • February 2, 2017
    8:00 am - 9:30 am

Business Breakfast February: Ensuring Your Success Through Legal Contracts is an event being put on by the Women’s Enterprise Centre of Manitoba. If you have or plan to at some time sign a lease, hire staff or work with independent contractors, this session is for you.

Construction Overview

Our firm provides services to developers, contractors, subcontractors, lenders, insurers, sureties, engineers and architects, and those engaging construction services. We draft contracts, provide advice and interpretation, and are experienced in construction litigation, insurance and enforcement issues. We are frequently involved in negotiating and structuring projects for our clients, large and small, and in resolving disputes through alternative dispute resolution mechanisms or litigation. Our lawyers work with appropriate financial, insurance and engineering advisors to guide our clients throughout the process of bidding, forecasting, planning and execution of contracts within the tight time frames required in the construction field. The placement and enforcement of construction liens, bonds and sureties for clients completes the total service offering of our construction law practitioners.

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  • Manitoba legislation requiring barrier-free delivery of services in both the public and the private sectors has begun the phase-in process.

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  • Municipalities are granted powers of expropriation under The Municipal Act and other empowering legislation. Expropriation is the taking of land that belongs to another.

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  • A “pay when paid” clause is one of the more contentious contractual provisions that can be found in a construction contract. As its name suggests, a “pay when paid” clause provides that a subcontractor is not entitled to be paid for its work until the contractor receives payment from the owner of the project. This clause seeks to shift the risk of an owner’s non-payment from contractors to subcontractor. In the absence of such a clause, if an owner fails to pay the contractor for work completed by the subcontractor, the contractor must still pay the subcontractor for the work completed.

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  • The Manitoba Legislature is considering a bill to consolidate the regulation of various types of equipment. The Technical Safety Act will replace a series of equipment-specific statutes with a single regulatory framework. The Act creates the office of a director of technical safety with broad powers of administration and enforcement. Penalties for violations will be significantly increased. The Bill has received second reading and is proceeding through the committee stage.

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  • Effective September 4, 2013, the Government of Manitoba proclaimed into force The Public-Private Partnerships Transparency and Accountability Act. The Act applies to all major capital projects undertaken by public sector entities in which a P3 procurement method is used. The term “public sector entity” includes municipalities and other local government entities as well as the Government of Manitoba.

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  • Last year, the Winnipeg Construction Association had so many questions on drug and alcohol testing during our labour law and the construction industry session, they have decided to put together a full session on this topic. There will be a review of important court decisions as well as practical suggestions on how to deal with this difficult (and increasingly common) issue in the workplace.

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  • In this session, we will discuss the different insurance policies which are typically seen on construction projects, including builder’s risk policies, wrap-up liability policies, and professional liability policies. We will also provide an overview of recent court decision which demonstrate how these policies are being interpreted by the courts. In addition, we will discuss construction bonding, including a discussion on bid bonds, performance bonds, labour and material payment bonds as well as lien bonds. TDS lawyer Jon Woolley will be presenting this session, which is being held by the Winnipeg Construction Association.

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  • Gain insight on the anatomy of a construction claim from its origins to its resolution. In this session, you will acquire practical suggestions on how to properly provide notice of a claim and proper documentation of claims. This session will also include all forms of dispute resolution, from negotiation to mediation to arbitration or litigation, and will cover the process, timelines, costs, and pros and cons of each dispute resolution process. TDS lawyer Jon Woolley will be presenting this session, which is being held by the Winnipeg Construction Association.

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  • Need a review of commonly used construction contracts, including CCDC and CCA contracts? Get a refresher on some of the typical provisions contained in construction contracts and examine how different risks are allocated throughout a contract. This session will also feature a discussion on commonly litigated provisions of contracts making reference to recent decisions in Manitoba and across Canada. TDS lawyer Jon Woolley will be presenting this session, which is being held by the Winnipeg Construction Association.

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  • Join the Canadian Bar Association in beautiful Banff, Alberta on April 1-2, 2016 for the CBA’s Construction and Infrastructure Law Conference.

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