Annual General Meeting -
Quebec - May
At the 20th Annual
Meeting of the Canadian College of Construction Lawyers held in
Quebec City from May 25 to May 28, 2017, the Fellows of the
College unanimously elected the Officers and Governors of the
College for the 2017-2018 term. Mr. Art Barry, Q.C., was elected
President of the College, replacing outgoing President, Olivier
Kott. Mr. Barry is a senior partner in the Halifax office of
Stewart McKelvey, a large Atlantic Canada based law firm, who
has provided advice and guidance on construction matters for
more than 30 years. The College looks forward to Mr. Barry
guiding it throughout the coming year.
Conference was also the occasion for the College to induct six
new Fellows into the College, drawn from across the entire
Haythorne is a partner in the Vancouver office of Dentons. Mr.
Haythorne is one of Western Canada’s best known construction
solicitors, with significant experience negotiating, drafting
and advising on contracts for some of the largest construction
projects in North America.
Oliver is a partner at Advocates LLP in London, Ontario. Ms.
Oliver has spent most of her legal career in the construction
and insurance defence areas, acting primarily for general
contractors and municipalities. Ms. Oliver is also active in
the Canadian and Ontario Bar Associations, and is an instructor
at Fanshawe College in London.
Click here for the full news item which
lists all new Fellows
Click here for a full news release about the College's 20th
Article, April 2017
Construction vs. Design:
Sorting Out Claims Involving Multiple Parties and Contracts
© 2017 Harvey J.
article discusses the issues which arise in the context of a
construction dispute when there are
numerous related contracts and multiple parties, and when
one of the contracts, to which the other
parties may not be privy, calls for mandatory arbitration.
The article describes the risk and reality of potentially
inconsistent findings and conflicting results, in the midst
of a multiplicity of proceedings.
The construction industry has many different players, and is
characterized by a complex and broad web of business and
legal relationships. A typical large project could involve
one or more owners, design professionals, sub-consultants,
lenders, quantity surveyors, project managers, general
contractors, subcontractors, material suppliers, insurers,
sureties, and others. What this tends to mean is that
construction claims and disputes are somewhat unique, and
very often involve multiple contracts, subcontracts and
service agreements, and multiple parties, when some of these
contracts might not contain an arbitration clause.
In many cases, we hear contractors defensively state that
they are not responsible for the owner's claim -- it is not
a ··construction" issue, they might say, but rather relates
strictly to ··design." The engineer might retort that the
design and the contract administration were just fine, but
it was the contractor who did not perform his work properly.
Click here for the full article
College has created a page where all indexes of
the Journal of Canadian
Construction Lawyers are now available in a
searchable .PDF format.
has been done to provide the legal community at
large with an easy instrument in order to
identify articles of interest related to all
facets of construction law published in the
Journal since 2007.
Click here for more information.