McInnes Cooper in NLCA Weekly Construction News

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C1A 1N3

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Fredericton, NB
E3B 6Z6

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B3J 3R7

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E1C 1E2

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E2L 4V1

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John Kulik & Theron Davis in Newfoundland & Labrador Construction Association (NLCA) Weekly Construction News | Do Something: General Contractor Liable for Failure to Disclose Existence of Labour & Materials Bond in Valard Construction Ltd. v. Bird Construction Co.

February 26, 2018

By John Kulik, QC, Partner at McInnes Cooper,
Theron Davis, Articled Clerk at McInnes Cooper

As a result of the Supreme Court of Canada’s decision in Valard Construction v. Bird Construction, wherever a general contractor (or alternatively an owner) has called for a labour and material payment bond (L&M Bond), it will now owe the bond beneficiaries a duty to ensure they are informed of the bond’s existence. In their article, Do Something: General Contractor Liable for Failing to Disclose the Existence of Labour & Materials Bond (PDF), as published in the Newfoundland & Labrador Construction Association (NLCA) Weekly Construction News (at page 4), McInnes Cooper Construction lawyer John Kulik, QC and Articled Clerk Theron David explain why the decision raises the question: are the benefits of having an L&M bond worth this new risk?

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December 18, 2017

Testing 1-2-3: The latest on drug & alcohol testing in safety-sensitive workplaces

The answer to the question, “What’s employers’ rationale for implementing workplace drug and alcohol testing?” is pretty straightforward: occupational health...

Publication

December 18, 2017

The Atlantic Immigration Pilot: A test flight for the Newfoundland & Labrador construction industry

Canada’s average age is increasing and its population decreasing, drastically reducing available workers - and neither Newfoundland and Labrador, nor...

Publication

December 20, 2016

McInnes Cooper in the NLCA Weekly Construction News: The Top 10 Employment Contract Terms

Every employer has an employment contract with every employee – even when there’s “nothing in writing”. A well-drafted written employment contract...

Publication

December 12, 2016

McInnes Cooper in the NLCA Weekly Construction News: A New Public Procurement Act for NL & Labrador

Newfoundland and Labrador is finally getting new public procurement legislation. The effective date of the Act isn’t yet known, and...

Publication

November 1, 2015

McInnes Cooper's John O'Dea in the 2016 NLCA Construction Journal

Mechanics’ liens are created by legislation – in Newfoundland and Labrador, by the Mechanics’ Lien Act – for a simple...

We are pleased to provide you with detailed biographies on our lawyers, paralegals and administrative team, so you can learn more about how we can best support your business' success.

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We want to hear from you: Did we delight you with great service or a timely insight? Did we miss the mark? Are you looking for legal advice? If so, we want to know. Just type a few lines into our form, send an email to client.service@mcinnescooper.com, or call 1-855-622-6668.

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We are pleased to provide you with detailed biographies on our lawyers, paralegals and administrative team, so you can learn more about how we can best support your business' success.

Advanced Filters

Contact

We want to hear from you: Did we delight you with great service or a timely insight? Did we miss the mark? Are you looking for legal advice? If so, we want to know. Just type a few lines into our form, send an email to client.service@mcinnescooper.com, or call 1-855-622-6668.

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