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Goodmans Publications

Construction Law Update Winter 2003

December-12-2003

Lawyer Jerry Topolski
Area Construction Law, Procurement, Public/Private Partnerships and Alternative Finance

Summary

Construction Law Update Winter 2003

The construction industry is one of Canada's largest and one of the industries by which our economy is measured. From heavy equipment manufacturers to suppliers, from subcontractors and general contractors to owners and developers - changes in the industry can have a dramatic effect on day-to-day business.

The Goodmans Construction Law Update keeps you abreast of recent legal developments as well as industry trends.

In this issue:

A. Dynasty Roofing (Windsor Ltd.) v. Marathon Construction Services (1991) Inc.

Does the bidding process result in an obligation on the contractor to offer the lowest bidding subcontractor the work?

Public-Private Partnerships: Demystifying the Process

The use of public-private partnerships (known as P3s) is now well established in Canada at the federal level and in several provinces, notably Ontario, British Columbia, New Brunswick, and Nova Scotia.  Currently, P3s are playing a bigger role in building and capital projects across all areas of government, including power generation, energy delivery, water and wastewater facilities, waste disposal, transportation, communications, education and health facilities, and public service buildings. This article discusses process issues.

Criminal Liability for Workplace Accidents

Recently enacted changes to the Criminal Code impose criminal liability on businesses and individuals in the event of workplace accidents.  The Act is expected to take effect January 1, 2004. This article examines the changes and their impact on employers.

Sherway Contracting (Windsor) Ltd. v. Kingsville (Town)

The decision in the above-noted case shows that contractors, when entering into contracts with municipal corporations, should ensure that the municipality has followed proper procedure in approving the contract by passing the requisite and necessary by-law authorizing entry into the contract.

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