While the province was under Progressive Conservative leadership, 195 projects were planned as part of a large new school and modernization blitz. Two years ago, the provincial auditor noted that the schools would likely not be built on time. As at least 42 remain unfinished, it appears the auditor was correct. According to reporters, at least six projects have not started, one has been cancelled, and the remaining 34 are behind schedule.

Budgets are also an issue with these projects. Currently, two of the project are over 20 percent more than their original price, and the majority have cost-overruns of some kind. Cost-overruns on projects are reportedly due to unforeseen structural problems or changes to the project rather than delays. In some jurisdictions, school boards are overseeing the construction projects.

Government-run development projects often follow different processes than personal or for-profit projects. From the process of bidding on the project through to the budgetary considerations that need to be made, there are many construction law issues that may arise. This can particularly be true when the government changes hands and policies or mandates change, as has been the case in Alberta. Those with construction law questions should contact an Alberta lawyer for counsel and clarification.

Source: Edmonton Journal, “Dozens of school projects announced by former PC government hit delays“, Alicia Bridges, April 16, 2018

The Act most often comes into play if workers have not yet been paid for the services they have already provided. The Lien Act is a valuable and irreplaceable form of protection, but contractors and other labour providers often need legal representation as well. This is particularly the case for construction lien disputes that make it as far as the litigation stage.

Like all construction disputes, emerging successfully from lien disputes typically requires working with a lawyer who possesses a keen understanding of construction law. This not only ensures that you are receiving the ideal legal representation, it also allows you to continue conducting your business activities secure in the knowledge that your lawyer is working hard on your behalf.

Everyone who performs work or provides a service expects to be paid and they deserve to be paid as well. At the Ridout Barron law firm, we understand the many obstacles late or absent payment can mean for a business. We encourage you to study our business and construction law web pages to find out if you will benefit from working with a lawyer. The information we offer is authoritative and up-to-date with the construction laws pertaining to Alberta contractors and labourers.

Before any construction project begins, it is very important for builders to become familiar with the city’s lot grading tolerance chart. This provides detailed information about minimum grades, grade slip, and the like.

When the job is done, a contractor then has to get an As Constructed Grade Certificate proving that the grade conforms to the bylaws and that the lot has been properly developed. Builders also need to get an As-Built Plot Plan. Both documents must be submitted to Water Services when the project is done.

The reason for grading lots in this manner is simple. When water is allowed to drain toward buildings, it can result in flooding, damp basements, and other such issues. Even if a new build is able to avoid these issues at first, they could grow worse over time if the drainage is not working properly, as the property ages and the water begins to take its toll on the structure and the land immediately around the foundation.

As you can see, it’s important to know everything you can about local construction laws before a project begins. Always look into the proper bylaws, understand what documents are needed, and take steps to ensure each project adheres to these guidelines.

Source: City of Calgary, “Lot grading bylaw,” accessed Sep. 30, 2016

First of all, there is the benefit of safety. The Safety Codes Act was put in place for a reason. Doing the work without a permit could lead to problems that in turn lead to injuries or death. Work that is done properly and within the bounds of the law is generally safer and more reliable.

In some cases, you also get to have your building plans examined. This can be helpful because you may be alerted to issues in advance, allowing you to make changes on paper — rather than making more expensive changes to alter work that has been done.

You’ll also get to have inspectors come and look over the project. These are certified safety codes officers, and they’ll give you reports when they’re done. If something needs to be altered or upgraded to match the code, they’ll tell you. This saves you from having to be an expert on the codes yourself. They may also offer technical advice when needed, and they can meet with you for follow-up checks to be sure alterations are done properly.

Finally, when the job is done, they’ll check it all over and give you a status report.

Not only large jobs need permits; many smaller jobs require them, as well. Be sure you know the local construction laws and get all of the paperwork done before your job begins.

Source: Alberta Municipal Affairs, “Permit Information,” accessed Aug. 30, 2016

There are two ways to figure out which hours count as overtime hours. First, the amount of time worked past eight hours in a single day can be totaled. Next, the number of hours worked over 44 hours in a week has to be totaled up. Whichever total is greater counts as overtime.

For example, a worker may have worked three 10-hour days. Under the 44-hour rule, he or she would not be paid anything extra, as 30 total hours is still well under the mark. However, the worker should still be paid for six overtime hours, seeing as how he or she worked two hours over the eight-hour mark each day.

Banking these hours is also possible. When this is done, the worker can then use them as extra time off. After eight hours are banked, for instance, the worker may be able to take a whole day off. The employer must allow these hours to be used in the next three months, and they have to be used when the worker would be on the job otherwise.

If a worker has banked hours and then quits or is fired, the banked time then has to be paid out like standard overtime.

An overtime agreement, which allows for the banking of hours, should be in writing.

Construction workers who feel that their rights under the Employment Standards Code have been violated must know what legal options are open to them in Alberta.

Source: work .alberta.ca, “Employment Standards,” accessed Aug. 04, 2016

— Contracts– Bonds and Security– Tenders– Labour Relations/Employment Standards– The Workplace Safety and Insurance Act– Construction Safety and Human Rights– Environmental Law– The Court System and Construction Liens

Some of these main areas are then broken down into more specialized categories. For example, the session on human rights and safety in a construction zone will look at ways that workers should be kept safe and what can happen when their rights are breached. A worker who is injured may be able to get compensation.

However, this section will then go a bit deeper and look at the areas of workplace violence and harassment. These things can also violate a person’s human rights and they can lead to injuries, though the path to doing so is decidedly different than the one taken when an employee is forced to work with unsafe equipment or in an unsafe manner. The fact that these two are lumped together, though, shows just how important it is for a safe overall environment to be created.

As you can see, there are many different aspects to modern construction law, from the drafting of contracts to the use of liens on property to ensuring that workers’ rights aren’t violated. It’s crucial for all involved to know their rights, how the legal system applies and what changes and modifications are being made when new laws are introduced.

Source: Construction Institute of Canada, “Construction Law,” accessed July 21, 2016

According to the NEB, the Trans Mountain pipeline will help boost the Canadian economy, create thousands of new jobs, increase government revenue and offer Canada more access to export markets. The government will consider the NEB’s decision when making its determination on the matter. It will also consider upstream greenhouse gas worries, the opinions of communities on the pipeline’s route and the opinions of First Nations.

B.C. coastal communities worry that there is a risk of oil spills and environmental damage. Although it appears that spill risk is low, if one did occur the damages would be extremely high. Also, although the risk of an earthquake is actually relatively low, this is also a major concern to local communities. Indigenous groups expressed their concern over the pipeline and threatened to take court action in their efforts to stop the pipeline.

In its efforts to stay on top of environmental concerns, the NEB is asking for an updated greenhouse gas report from Kinder Morgan two months following the construction of the pipeline. Furthermore, the NEB has asked the firm to offset the greenhouse gas emissions.

Huge construction projects in Alberta that have the potential for environmental impact and have the potential to boost the economy greatly will be subjected to close scrutiny by the government. Whenever a firm wishes to begin such a construction project, it is important to have an experienced legal team investigating the matter to determine the best strategies for getting the project approved.

Source: CBC News, “NEB approves Trans Mountain pipeline with 157 conditions,” By Kyle Bakx, May 19, 2016

Following this tragedy, Fort McMurray residents will be tasked with the rebuilding of their community. Lots of costly construction projects will need to be carried out in the city to rebuild homes, buildings and other infrastructure that have been lost in the fires.

With so much construction activity, work and job site contracts will be signed quickly and hastily. There is also the danger that work will be quickly and hastily performed. Therefore, it is important that all Fort McMurray residents take care to review any construction agreements carefully to ensure that all the details of the agreements have been adhered to. Just a little bit of extra attention put into a construction agreement before it is signed will go a long way to avoiding costly litigation and other legal problems later on down the road.

At Ridout Barron, we help businesses, homeowners, commercial developers and contractors navigate their construction agreements. We also help parties in Alberta construction litigation disputes protect their rights throughout their legal proceedings. As Fort McMurray begins to diligently rebuild in the common year after the enormous loss of property it has experienced, we look forward to seeing a rebuilding process that is well organized and as free of construction disputes as possible.

Construction liens are one of the only ways courts in Canada have of bringing fairness to complicated construction law disagreements where one party claims that it was not paid according to contract, or where one party is owed additional money according to the contract. In many cases, the money may not exist to pay the party that is owed, or the other party refuses to pay the money owed, so the law provides a means by which the owed party can secure ownership of the very piece of property that the owed party helped to build and create.

Still, a construction lien can be disputed, and just because a party claims to be owed money does not mean that it has the right view and interpretation of the contract. This is where the Canada court system comes into play, as each side of the dispute asserts their side of the case before a civil court judge in the hope of prevailing in the case. Due to the uncertainty of trial proceedings, however, most parties agree to settle these kinds of disputes in order maintain some level control over the outcome of the proceedings.

At Ridout Barron, we have years of experience helping construction companies navigate the complexities of construction lien disagreements in the Alberta area. If your company believes it is owed money according to a construction contract, or if your company is being pursued for payment inappropriately, we are available to help.

If the property owner fails to pay a contractor, for example, the contractor may decide to place a legal claim on the value of the property. This “lien” will need to be paid by the property owner, or the property could end up in foreclosure. Once the property is liquidated through foreclosure proceedings, then the lien holder will get paid the money that he or she is due.

The issue with construction liens is that sometimes the property owner had every right not to pay the construction company or contractor. For example, maybe the construction job was not completed as per the contract. Other times, the construction company might have been rightfully owed the money for services rendered. For this reason, whenever a construction lien is put on a property, the courts will get involved to determine if the lien will stand.

After a construction lien is filed, a construction litigation lawyer will be very useful in evaluating a suitable strategy — regardless which side of the matter one happens to be on. At Ridout Barron, we represent homeowners, building owners, property owners and construction companies in litigation that involves construction liens. If you or your company is currently dealing with a dispute, we are available to evaluate the situation and advise you as to your legal rights and options.