Discretion and Fairness in Contractor Debarment

Contractor debarment in construction contracting by public-sector entities is a hot topic in Ontario’s construction industry. Debarment is a mechanism used by public sector entities to prevent contractors from bidding for various reasons, including contractor performance. It is sometimes referred to as “blacklisting”. Such provisions have come under scrutiny, particularly when used to debar a contractor from bidding where the contractor has been engaged with litigation with the contracting entity. Various municipalities and other public sector entities have debarment provisions in their policies, procurement, by-laws, tendering documents, and/or contract provisions.

Read more at lexology.com

Canadian Coalition for Construction Steel Urges Caution on Tariffs, Quotas on Non-US Steel

Now that the Government of Canada has retaliated against unfair U.S. tariffs on Canadian steel and aluminum, the Canadian Coalition for Construction Steel is urging the Government to act cautiously before taking further action, including safeguards, which could severely disrupt the construction industry in Canada.

Read more at newswire.ca

Energy efficiency drives design of Ontario waste management centre

The new Oxford County Waste Management and Education Centre in Ontario is an example of sustainable construction and renewable energy generation. It is anticipated the building will receive Zero Net Energy certification from the New Buildings Institute (NBI) after one year of monitoring.

Read more at constructioncanada.net

Ontario lawyers bracing for building law changes

Ask Bruce Karn what is keeping him busy these days and the senior legal counsel at construction giant EllisDon will say it is the pending changes to Ontario’s Construction Lien Act.

The Ontario government is significantly overhauling the 35-year-old legislation in two phases, he notes. The first phase is modernizing the legislation, which comes into effect on July 1. The second and more significant reform, however, will take place in October 2019.

Read more at canadianlawyermag.com

Canada: What You Need To Know About The July 2018 Amendments To The Ontario Construction Lien Act

On July 1, 2018, the first round of amendments to the Ontario Construction Lien Act – including its new name, the Construction Act – will come into force.

Importantly, this first set of amendments does not include the two most substantial and perhaps, controversial, changes to the Act: (1) the introduction of a prompt payment scheme, and (2) the creation of a mandatory adjudication system for certain disputes. These changes, among others, will not come into force until October 1, 2019.

This post is meant to refresh readers on the amendments coming into force next month on July 1st. Separate posts will follow that will provide practical advice for owners, general contractors, and subcontractors on how to prepare for the new prompt payment and mandatory adjudication regimes before they come into force next year.

Read more at mccarthy.ca

Wood experiencing a renaissance

Recently announced funding for Ontario’s Mass Timber Program will lay the foundational blocks for innovative, new building techniques using wood, according to Ontario Wood WORKS!, the provincial voice of wood construction advocacy.

Marianne Berube, the organization’s executive director, noted that, while Natural Resources Canada has dallied in grants for mass timber developments, this is the first time the province has offered assistance for mass timber demonstration projects.

“It’s something new,” she said. “It’s innovation; it’s pushing the limits, and that’s what this funding’s for.”

Read more at northernontariobusiness.com