Construction Industry

The Planning Act, C.C.S.M. P80 (the “Act”) provides the legal framework for municipalities to manage land use and development in a way that promotes orderly growth and sustainable communities. One… Learn More

In recent months, discussions around artificial intelligence (AI) have become ubiquitous with news stories and social media posts highlighting its benefits and challenges appearing daily. New AI tools and services… Learn More

On November 7, 2024, the Manitoba government passed Bill 37, officially known as The Budget Implementation and Tax Statutes Amendment Act, 2024. This legislation introduces significant updates to The Labour… Learn More

AMPs are upon us. Following a reported 135 million–liter sewage spill into the Red River from a broken City of Winnipeg sewer pipe, Manitoba Environment Minister Tracy Schmidt made it… Learn More

In Manitoba, when a party has not been paid for the work, materials or services they have provided to a construction project, The Builders’ Lien Act (the “Act”) allows for them… Learn More

As municipalities face the pressing need to enhance and modernize infrastructure, the importance of thoughtful planning and execution cannot be overstated. The planning process for construction projects is a critical… Learn More

As threat actors ramp up efforts, organizations need to be prepared for a cybersecurity incident. With first-hand knowledge of an organization’s operations, in-house counsel can serve as a valuable resource… Learn More

By the time this article goes to print, Manitoba is expected to have a new legislative regime that will not only settle uncertainty as to who owns and who has… Learn More

Background Sustainable procurement is a growing practice designed to enhance the economic, social, environmental and cultural impacts of purchasing decisions for the benefit of the community. In 2022, the City… Learn More

Bill 38:  (“Bill 38”) seeks to amend The Builders’ Liens Act to establish a prompt payment scheme in Manitoba. Bill 38 is not yet in force, but businesses should be taking steps now… Learn More

Builder’s risk insurance (also known as course of construction insurance) provides first-party (i.e. property) coverage for losses that occur during the course of a construction project. Even though they are… Learn More

Manitoba Court of Appeal confirms use of lien bonds as security on Crown land projects In a previous article, we highlighted the 2021 Manitoba Court of King’s Bench decision of… Learn More

The Builders’ Liens Act of Manitoba imposes a statutory trust that attaches to any monies received by an owner or contractor prior to and throughout the course of construction. This… Learn More

For decades in Manitoba, the “land of 100,000 lakes”, property owners in municipalities across the province have made their cabins, homes and other forms of properties available for short-term rental… Learn More

On May 30, 2023, Bill 38: The Builders’ Liens Amendment Act (Prompt Payment) (“Bill 38” or the “Amendments”) received Royal Assent in the Legislative Assembly of Manitoba. It will officially… Learn More

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,… Learn More

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… Learn More

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. Generally, provision… Learn More

Bogue v Miracle, 2022 ONCA 672 On September 29, 2022, the Ontario Court of Appeal (the “ONCA”) in Bogue v Miracle, 2022 ONCA 672 [Bogue v. Miracle] affirmed the protections… Learn More

A builders’ lien is different than most other encumbrances like a mortgage or caveat.  The Builders’ Liens Act prescribes that a registered lien serves as a placeholder for all unregistered… Learn More

The Limitations Act and Potential Impacts on the Construction Industry As discussed in a previous article, the coming into force of The Limitations Act (the “New Act”) on September 30,… Learn More

Construction projects are often complex and involve numerous parties, including owners, general contractors, sub-contractors, architects, engineers, labourers and material suppliers.  Often, conflict between the parties on a project is inevitable… Learn More

From the beginning of the COVID-19 pandemic, employers have encountered a wide variety of new issues that must be addressed in order to continue to operate while also protecting the… Learn More

A recent decision of the Manitoba Court of Queen’s Bench has brought into question the continued use of lien bonds for construction projects on Crown Land. In Bird Construction Group… Learn More

The dispute in this case centred on a common theme in the construction industry – the parties’ failure to document key terms in writing. As the parties were not able… Learn More

The CCDC 2 (2008) will be pulled off the shelf in June 2022 and officially replaced with the CCDC 2 (2020).  This article highlights 10 key changes that owners, contractors,… Learn More

Major changes to the legislation governing limitation periods are coming to Manitoba later this year. These changes are being welcomed by those in the legal profession and the construction industry… Learn More

On October 22, 2021, the Supreme Court of Canada released its decision in Northern Regional Health Authority v Horrocks, 2021 SCC 42 [Horrocks]. The issue before the Court was whether… Learn More

As discussed in detail in a previous article, the Supreme Court of Canada has held in a trilogy of cases that a covenant to insure in a lease can operate… Learn More

Builder’s risk (also known as course of construction) insurance policies almost always contain some form of exclusion relating to the cost of repairing or replacing faulty or improper material, workmanship,… Learn More

The construction industry carries a unique set of financial risks arising from the fact that construction projects are generally pyramidal in arrangement, with the owner of a project at the… Learn More

Author Vivian E. Rachlis is no longer with TDS. Please contact us for further assistance. Timelines Start Now Manitoba legislation requiring barrier-free delivery of services in both the public and… Learn More

Municipalities are granted powers of expropriation under The Municipal Act and other empowering legislation.  Expropriation is the taking of land that belongs to another.  In the United States this is… Learn More

What is a “Pay When Paid” Clause? A “pay when paid” clause is one of the more contentious contractual provisions that can be found in a construction contract. As its… Learn More

Intoxicants have any number of deleterious consequences in a workplace including effects on performance, the health and safety of others and an employer’s reputation. It is then no wonder that… Learn More

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… Learn More

A little over a month ago (Feb. 12, 2010), the Supreme Court of Canada issued its decision in the case of Tercon Contractors Ltd. v. British Columbia (Transportation and Highways).… Learn More