The Clark Wilson LLP Podcast

Our Infrastructure, Construction & Procurement group recently hosted a webinar that covered Construction Contracts in Canada – What you Need to Know and What's New. The presenters included Satinder Sidhu (moderator), Scott Lamb and Rosalie Clark.

Getting construction contracts right is critical to the success of any construction project. To get it right, you need to know which contract form is best for your project. You also need to understand the terms of your contract and what they mean.

In this webinar we reviewed forms of construction contracts typically used in Canada and the key terms. We will also reviewed, in detail, the new CCDC 2 (2020) standard form contract so you will be up to date on the latest in construction contracts in Canada.

What You Need to Know

• Types of Construction Contracts
• Key Issues

What's New

• New CCDC 2 (2020) Fixed Price Contract
• CCDC 30 (2018) Integrated Project Delivery Contract

Our Infrastructure, Construction & Procurement Group have created the Construction Law Bulletin to keep you informed of topical and relevant information as it pertains to the construction industry. Our expertise helps our clients understand how the law may affect their business. The purpose of the bulletins is to ensure you have the necessary information available to you, so that you may better make informed decisions. Sign up for it here.

As the COVID-19 pandemic continues to impact our communities, Clark Wilson's Infrastructure, Construction & Procurement Group has created a webpage to centralize all relevant information and resources to better help you navigate your business. If you have any specific questions, please contact one of our lawyers and we will respond to you as quickly as possible.

Blizzard Warning: A Primer on the Basics of Employment and Immigration Laws in Canada

Canadian employment law affords a great deal of protection to employees and non-Canadian employers are often unaware of significant potential liabilities and how to minimize them. In this webinar we cover some of the key aspects of Canadian employment law, and provide information on the following topics that employers should be aware of:

• Applicable legislation and jurisdiction
• Entitlements on termination and leaves of absence
• Human rights
• Workers compensation
• Immigration issues and considerations

This webinar is presented by our Employment & Labour group - Andrea Raso, Anne Amos-Stewart, Catherine Repel and Debbie Preston - and our Immigration Consultants, John Soden and Pu Zhang.

View the webinar here.

Our Infrastructure, Construction and Procurement Group recently hosted a webinar that was crafted to assist construction professionals navigate disputes during these unprecedented times. The webinar focused on a number of topics that require regular consideration on most construction projects including:

1. Construction Delays: A primer on notice and what can be claimed as damages for construction delays (Scott Lamb & Michael Larsen)
2. Liens, CPLs and Other Charges: An analysis of liens, CPLs and other charges – how to register, remove and manage these charges (Anna Sekunova)
3. Bond Basics: An overview of performance bonds and labour and material payment bonds, including benefits and potential pitfalls to be aware of (Rosalie Clark)
4. Dispute Resolution Options for Construction Projects: An examination of dispute resolution processes under CCDC contracts and other dispute resolution options (Satinder Sidhu)

The workplace is an essential part of everyone's livelihood. Ensuring that where we work is fair and productive is essential to our collective success. In recognition of this need, we combine the tenacity and pragmatism of a boutique with the efficiency and knowledge of a large firm to help our clients create and lead healthy workplaces.

In this webinar, our Labour & Employment Group, which includes Andrea Raso, Anne Amos-Stewart, Catherine Repel and Debbie Preston, explored the key challenges facing today's innovative businesses and their unique work environments and provided in-depth insights and practical guidance on:

1. COVID-19 Pandemic: A Retrospective and Prospective Look at Employment Issues
   • What can employers do better if there is a next wave?
   • What changes to employment law did you miss during lock down?
2. Technology and Surveillance
   • What are the limitations for employers in monitoring productivity and technology use?
   • What are the limitations for the employees, i.e. recording meetings with management?
3. Avoiding "Toxic" Workplaces
   • With "toxic" workplaces being front and centre in the media, what are best practices to avoid this label?

In light of a recent breach of fundraising software used by those in the charitable sector, Raman Johal and Areet Kaila of our Charities & Not-For-Profit Group, hosted Andrew Plummer of PwC Canada and Monica Sharma to discuss the impacts of cybersecurity and privacy breaches.

Some of the key topics covered include:

1. Cyber threats: what types of threats exist, what they mean to your organization, and how to help prepare you for a cyber-attack.
2. Privacy and cybersecurity risks and repercussions: an overview of the legal framework for privacy and cybersecurity in Canada, penalties for breaches, and how to protect your organization's reputation through best practices.

When working with their clients, accountants and other financial services professionals are often uniquely positioned to spot potential business disputes before they erupt and can provide helpful early advice to their clients to avoid the vagaries and costs of litigation. This webinar will focus on the origins of the most common types of business disputes and strategies to avoid them - from the perspective of experienced commercial litigators. Topics will include: - shareholder agreements, - real property transactions, - financial controls and record keeping, - employment agreements, and - alternate dispute resolution procedures.

In this practical, one-hour session directed towards the private sector, learn about these topics:

• Contracting for Technology Solutions in a Rush
• Adopting Remote Working Tools for your Business' New Normal
• Tips to Protect Licensees from Uncertain Licensors
• Surveillance of Employees

This webinar was hosted by Clark Wilson's Information Technology and Intellectual Property groups. The presenters were Monica Sharma, Jeff Holowaychuk, Zakhir Nathoo and Catherine Repel. The moderator was Athar Malik.

The construction industry in BC is doing its part to combat COVID-19 by adapting its practices to minimize the risk of transmission, while providing much needed economic support for the province. A number of legal issues have arisen for contracting parties as a result of these changes.

Our Infrastructure, Construction & Procurement group lawyers recently hosted a webinar to consider the new regime under which construction projects are permitted to operate and provide guidance in relation to the following key topics:

1. Guidelines and Best Practices for the Operation of Construction Sites – Satinder Sidhu
2. Delay Claims and COVID-19 in Construction Contracts – Scott Lamb
3. Insurance Considerations – Samantha Ip and Erin Barnes
4. Builders Lien in COVID-19 Times – Anna Sekunova

As businesses begin to re-open, Andrea Raso, Chair of our Employment & Labour Group, answers pressing questions about the confines of personal boundaries vs. the health and safety of the overall workplace. Topics covered include:

1. Can employers enact mandatory health procedures amongst employees? (ie. temperature checks, compulsory face masks and gloves etc.)
2. If an employee has underlying health conditions or feels uncomfortable returning to work, are they obligated? Could this be grounds to terminate the employee if they refuse?
3. Will employees be required to disclose if they or someone they live with, are showing symptoms of the virus?
4. If an employee is diagnosed with COVID-19, are employers required to notify other staff members?
5. As employees are asked to take precautionary measures to stay home if they feel slightly symptomatic, are they required to use sick days/vacation days or should the employer be responsible for coverage?

Michael McDonald, QC, Chair of our Indigenous Law Group, and Saul Joseph discuss how Indigenous Nation communities have been affected by COVID-19. Some of the topics covered include:

1. What are Indigenous Governments doing to help prevent the spread of COVID-19 amongst their community?
2. How do Indigenous Nations maintain their services (Ex. health, housing, education etc.) while ensuring the health and safety of their membership?
3. How Clark Wilson's Indigenous Law Group is providing support to First Nations communities.