  |
     |
   |
 |
|
Articles by John R. Singleton, Q.C., Singleton Urquhart Legal Counsel
Those undertaking design-build projects must become educated to the potential risks that they face in taking on the role as the “design-builder”, and being the sole contract holder to an owner with responsibility for both construction and design. Whilst the common insurance products available for project address many of the identified physical perils to a project, there are certain specific insurance policy exclusions which should be reviewed and understood. A common focus is upon the “Faulty Design Exclusion” which is found in many property insurance policies, and similar Builders Risk insurance policies. A common Faulty Design Exclusion will exclude coverage for: “cost of making good faulty or defective workmanship, material or design…” More...
Design-Builder Contractors and the need for Professional Liability Insurance by Nolan Heuchert, Wylie-Crump Limited
There was a time when there was a clear distinction between the contractors who performed the “work” and the architects and engineers who performed the “professional services.” Their respective roles and responsibilities were relatively clear and separated by distinct contractual arrangements. Today, more often than not, the general contractor of the past is today’s construction manager or design-builder. The owner’s project architects and engineers may now be the contractor’s design consultant or joint venture partner. More...
2010 Important “BIM-formation” by Paul Stocco Partner, Brownlee LLP
Technology has had a tremendous impact on construction. Each new technological advance in construction machinery and construction products influences how a construction project will look once completed. Along with changes to how construction projects are built has come a change in how construction projects are designed. Building Information Modeling (BIM) promises to revolutionize the way construction projects are conceptualized, designed, constructed and ultimately operated/maintained. This new and exciting design model has many advantages, but as with any innovation, there are risks. More...
by Paul Stocco Partner, Brownlee LLP Article prepared with the assistance of Kristjana Kellgren, Associate, Brownlee LLP. These are turbulent times for the construction industry. While there are signs of a modest economic recovery, there are also many warning signs about how fragile the recovery really is. Some of the foremost concerns of the industry are the availability of credit and maintaining a positive cash flow. If contactors are experiencing difficulties in operating their businesses, this has an impact on the industry as a whole--work on projects can start to slow down, contractual defaults can increase, and the spectre of contractor insolvency looms. Another development often seen in times of economic slowdown is the increased activity of the Canada Revenue Agency (“CRA”) More...
Coverage Under CGL Policies for Construction Defects by John R. Singleton, Q.C. Singleton Urquhart Legal Counsel Much has been written and said by both legal commentators and the judiciary about the coverage available to general contractors and their subcontractors under general liability policies for claims brought against them for “property damage” on projects they have worked on. The issue has arisen not when there are claims for “property damage” to property external to the project in question, but when the claim is for the cost of repairing portions of the project itself as a result of faulty workmanship or materials supplied by a general contractor or its contractors. More...
Requests for Proposals for Design-Build Projects: Identifying and Mitigating Select Legal Risks by Denis Chamberland
Design-Build Problems – Design Growth by Steve Panciuk, P.Eng.,
Employee Fraud: Keeping the "F" Word Off Your Construction Site by David Miachika, Ross McGowan and Robert Dawkins What is Fraud?
Sustainability – Implications for Design Professionals by Derek Holloway There is a growing trend toward the construction of “green” or “sustainable” buildings. While to date most of these buildings have been constructed for public sector clients as models for others to see, or for private sector companies wishing to demonstrate their corporate social and environmental responsibility, there is some momentum for the expansion of the sustainability movement. More...
Project Specific Professional Liability For Design-Build Projects by Simon Fenn On a typical design-build project, there is no shortage of professional liability insurance. Many times, perhaps more so in the USA than in Canada, the contractor, the design firm, the design sub-consultants and some sub-contractors all carry professional coverage. It may seem everyone is protected in the event of a loss. More...
© Canadian Design-Build Institute 2011
|
