Misty Alexandre and Jared Epp present to the Saskatchewan Construction Association on the new Prompt Payment Legislation

In a session geared especially for contractors, Misty Alexandre and Jared Epp presented to the Saskatchewan Construction Association on the incoming prompt payment legislation.

The session focused on how the new Builder’s Lien (Prompt Payment) Amendment Act will impact infrastructure owners, the design community, and contractors. 

Related News and Articles

Bidding and Tendering Law with Alexandre and Epp

Misty Alexandre and Jared Epp jointly presented "Don't Get Burned by Bid Law - Top Tips to Avoid Disqualified Bids" as a Lunch and Learn session for the Saskatoon Construction Association on February 28, 2020.  Topics covered included the basic principles of bidding...

read more

Jared Epp Successfully Advances Claim at Court of Appeal

Congratulations to Jared Epp who successfully advanced a claim for coverage under a commercial general liability policy relating to a loss on a construction site. The decision, which can be read here, includes an interesting discussion on the meaning of self-insurance...

read more

Alexandre and Epp Contribute to Prompt Payment Conference

Misty Alexandre and Jared Epp presented at the Association of Consulting Engineering Companies (ACEC) recent conference in Saskatoon on Prompt Payment in Saskatchewan. Topics covered include high level implication of prompt payment legislation for design professionals...

read more

Alexandre and Epp Present to Construction Association

The Saskatchewan Construction Association (Saskatoon Chapter) regularly offers a range of courses covering topical industry issues, trends in technology, core industry competencies and business development skills. On November 26, 2019, Misty Alexandre and Jared Epp...

read more

Good Faith in Contract Law

Good Faith in Contract Law By Jared D. Epp, Robertson Stromberg LLP Although no one on a construction project would argue that good faith is not important, what it means to act in good faith can mean different things to different people. The concept of good faith can...

read more

Alexandre and Epp Present to Healthcare Engineers

Misty Alexandre and Jared Epp presented a plenary session at the 39th Annual Conference of the Canadian Healthcare Engineering Society held in Saskatoon September 22-24. Their presentation outlined the requirements of the recent prompt payment legislation introduced...

read more

Robertson Stromberg Well-Represented as Best Lawyers

Best Lawyers™ recognizes extraordinary lawyers in private practice through an exhaustive peer-review process. Today, Best Lawyers™, published the 14th Edition of The Best Lawyers in Canada and we are pleased to announce that twelve lawyers from the firm have been...

read more

Moving Forward with Prompt Payment

Jared Epp's construction law article called "Moving Forward with Prompt Payment" was published in the summer issue of We Build, the magazine of the Saskatchewan Construction Association. The article concerns the upcoming changes to the Saskatchewan Builder's Lien Act....

read more

Jared Epp Quoted in Canadian Lawyer

In the May 2019 issue of Canadian Lawyer Marg Bruineman writes about the changes afoot in construction lien legislation across Canada. In the article she talks about how the increasingly complicated construction projects have necessitated discussions around prompt...

read more

Why Courts Show Deference to Consultants’ Decisions

by Misty Alexandre Robertson Stromberg LLP Like the onus carried by the proverbial middle child, the Consultant is bound to wear the unbiased hat of fairness as they administer the typical construction contract. Perhaps this is why the Courts have consistently paid...

read more

Negligent but not Liable

One of the key ways in which risk is allocated on a construction project is through insurance, typically in the form of builder’s risk, course of construction, or “all-risk” property policies. In most cases, the responsibility for obtaining insurance coverage is set...

read more

Lunch and Learn with Tim Hawryluk

The Saskatoon Construction Association is offering its members a lunch hour legal information session on November 13th.  The Robertson Stromberg Lunch and Learn, presented by Tim Hawryluk, will discuss the best approaches to one of the most challenging prospects for...

read more

Jared Epp presents to College of Law

Jared Epp presents to College of Law.

Giving back to the legal community is an important part of what it means to be a lawyer at Robertson Stromberg.

As the incoming president of the Saskatchewan Trial Lawyer’s Association, Jared participated in a presentation to students at the U of S College of Law on effective oral advocacy in the courtroom. 

Related News and Articles

Alexandre and Epp Present to Healthcare Engineers

Misty Alexandre and Jared Epp presented a plenary session at the 39th Annual Conference of the Canadian Healthcare Engineering Society held in Saskatoon September 22-24. Their presentation outlined the requirements of the recent prompt payment legislation introduced...

read more

Moving Forward with Prompt Payment

Jared Epp's construction law article called "Moving Forward with Prompt Payment" was published in the summer issue of We Build, the magazine of the Saskatchewan Construction Association. The article concerns the upcoming changes to the Saskatchewan Builder's Lien Act....

read more

Jared Epp Quoted in Canadian Lawyer

In the May 2019 issue of Canadian Lawyer Marg Bruineman writes about the changes afoot in construction lien legislation across Canada. In the article she talks about how the increasingly complicated construction projects have necessitated discussions around prompt...

read more

Negligent but not Liable

One of the key ways in which risk is allocated on a construction project is through insurance, typically in the form of builder’s risk, course of construction, or “all-risk” property policies. In most cases, the responsibility for obtaining insurance coverage is set...

read more

Construction 101 with Jared Epp

On November 1, Jared Epp will present "Construction 101" for the Saskatoon Construction Association's introductory course on all aspects of the construction industry. To learn more about this two day event, click here.

read more

Jared Epp joins Advisory Board

Jared Epp has been asked to join the Customer Advisory Board for Logikcull, a legal tech company head-quartered in San Francisco. You can learn more about Logikcull here.

read more

Jared Epp Joins Partnership

The partnership of Robertson Stromberg is pleased to welcome Jared Epp. Jared's busy practice focuses mainly on Construction Law, Insurance Law, and Civil Litigation. Congratulations Jared.

read more

Construction 101 with Alexandre and Epp

Misty Alexandre and Jared Epp were among the presenters at the Saskatoon Construction Association course Construction 101 on November 23. Construction 101 is offered to all construction industry stakeholders looking to gain a greater understanding of the "big picture"...

read more

Prompt Payment Legislation in force in Saskatchewan on March 1, 2022

For quite some time, the Saskatchewan construction industry has been focused on the details of prompt payment legislation, and the long-awaited launch date is finally here!  The Government of Saskatchewan recently announced that The Builders’ Lien (Prompt Payment) Amendment Act, 2019 will be proclaimed into force on March 1, 2022.  This legislation will mandate reasonable payment timelines for most construction services in Saskatchewan and will provide for an efficient adjudication process to resolve interim disputes on projects.  Robertson Stromberg LLP was proud to represent the Saskatchewan Construction Association as they pushed for the enactment of this legislation for the benefit of Saskatchewan’s construction industry.

For more information about The Builders’ Lien (Prompt Payment) Amendment Act, 2019 contact Misty Alexandre or Jared Epp.

Misty S. Alexandre

Direct: (306) 933-1352
Main: (306) 652-7575
Fax: (306) 652-2445
Email: [email protected]

Jared D. Epp

Direct: (306) 933-1326
Main: (306) 652-7575
Fax: (306) 652-2445
Email: [email protected]

Related News and Articles

Good Faith in Contract Law

Good Faith in Contract Law By Jared D. Epp, Robertson Stromberg LLP Although no one on a construction project would argue that good faith is not important, what it means to act in good faith can mean different things to different people. The concept of good faith can...

Moving Forward with Prompt Payment

Jared Epp's construction law article called "Moving Forward with Prompt Payment" was published in the summer issue of We Build, the magazine of the Saskatchewan Construction Association. The article concerns the upcoming changes to the Saskatchewan Builder's Lien Act....

Jared Epp Quoted in Canadian Lawyer

In the May 2019 issue of Canadian Lawyer Marg Bruineman writes about the changes afoot in construction lien legislation across Canada. In the article she talks about how the increasingly complicated construction projects have necessitated discussions around prompt...

12 Lawyers from Robertson Stromberg recognized in the 16th Edition of The Best Lawyers in Canada

For over 100 years, Robertson Stromberg has been delivering pragmatic advice and strategic solutions in every area of the law. As a top local law firm with reach that extends nationally, we strive for excellence and live by the highest professional standards.  

Congratulations to our lawyers who have been recognized in the 16th Edition of The Best Lawyers in Canada. Best Lawyers is the oldest and most respected peer review publication in the legal profession. Recognition in Best Lawyers is widely regarded by both clients and legal professionals as a significant honour, conferred on a lawyer by his or her peers. 

Related News and Articles

Tiffany M Paulsen receives Q.Arb designation

Congratulations to Tiffany M. Paulsen, Q.C., on achieving Q.Arb designation from the ADR Institute of Canada (ADRIC). ADRIC is Canada's preeminent self-regulatory professional Dispute Resolution organization. It provides education and certification, promotes ethical...

read more

Robertson Stromberg ranked by Chambers Canada

Chambers Canada is an independent research company that delivers rankings and insight into the world’s leading lawyers. Leslie Prosser Q.C., Melvin A. Gerspacher, Q.C., and Christopher J.H. Donald, Q.C. have been recognized by Chambers Canada as reliable and effective...

read more

Using home inspectors as insurance for a home purchase- Think again

For many people buying a new home is one of the most significant financial decisions they will make in their life. To safeguard this investment, many people choose to hire home inspectors. What happens when a home inspector misses something was the subject of a recent case in Saskatchewan known as Smith v Hawryliw.

In this case extensive mould and fire damage was discovered in a home months after the buyer had moved in. As the buyer had retained a home inspector prior to purchasing the property, the home inspector was sued. In defending the claim, the home inspector relied on a limitation of liability clause that was contained within the Home Inspection Agreement. This clause limited the home inspector’s liability to the amount paid by the buyer for the home inspector’s services. In arguing that this limitation clause should not apply, the buyer claimed that the home inspector had an obligation to bring the clause specifically to her attention before she signed the agreement. The judge, however, rejected this argument holding that the clause was written in plain language and was right above the buyer’s signature line on the agreement.

As the fee for a home inspection will often amount to only a few hundred dollars, any type of clause that limits a home inspector’s liability to the amount of its fee will significantly impact a buyer’s ability to recover costs expended to repair items that were missed during a home inspection. Given this, a home inspector should not typically be looked to as “insurance” on a home purchase. Rather, if a buyer has serious concerns or reservations about purchasing a home, especially with things like a home’s foundation or structure, other professionals (ex. engineers) should be looked to for assistance instead.

For more information, please contact Jared D. Epp at 306.933.1326 or email [email protected] 

 

Cash Flow Concerns: How to Collect Payment in the Midst of COVID-19

Introduction

Over the past year much of the focus of the Saskatchewan construction industry has been on the impact that new prompt payment legislation will have on the timeliness of payment on construction projects. Cash flow is never far from the mind of any prudent business owner. However, a focus and concern with cash flow is perhaps never more evident than now, given the global, and increasingly local, rescheduling and shutdown of various construction projects.

In considering your ability to collect on outstanding invoices, it is critical that the payment terms of your contract be reviewed. Although contract terms, like force majeure, may justify a suspension of work or an adjustment to schedule, they do not necessarily suspend or modify a party’s payment obligations. Rather, the exact contract language needs to be reviewed. Absent specific contractual language excusing a party’s payment obligations, payments are still required to be made.

However, what is legally required, and what will, in practice, actually happen are, of course, two different things. A contractual right to be paid, though important, may not change the fact that certain companies will either not be able to pay or will, in an act of self-preservation, simply choose not to pay. In these types of circumstances, a few different collection options should be considered:

  1. Register a lien. Although a lien may not result in immediate payment, it provides security, in the event the project fails or is not completed, for future payment. It also ensures, in the event a future progress draw is made, that enough funds are withheld to satisfy the lien claim in the future. Although it is best practice to ensure a lien is registered in Saskatchewan within 40 days of substantial completion, liens can still be registered after this date and, in many circumstances, will remain enforceable.
  2. Determine whether or not a project is secured by a labour and material bond. Labour and material bonds are secured by insurance companies. As companies cease meeting their obligations, the ability to receive payment from an insurance company under a bond may, in certain cases, represent the best option available to collect payment. As labour and material bonds have predetermined pay-out amounts, it is important to submit your claim for payment as soon as possible. All L&M bonds have cap limits, and after the insurance company has paid out the amount of the bond, additional claims cannot be processed.
  3. Determine whether or not the project is secured by a performance bond. Although a performance bond is often put in place for the benefit of the owner, in the event a general contractor defaults, the ability of an owner to rely upon insurance to complete a project may be beneficial, given the possibility of the insurer using existing subcontractors to complete the work.

  4. File a lawsuit. Although lawsuits typically do not lead to quick payment, if your claim for payment is not defended, you may have the ability to register and then enforce a judgment. As judgments, once registered, exist for 10 years, this also may give your company a long-term option to satisfy a debt.

  5. Be mindful of trust obligations in the lien legislation. Saskatchewan’s lien legislation imposes trust obligations on project financing, and on funds paid between the owner, contractor and subcontractors. During times of cash flow crisis, it may be tempting for parties to pay money out of the project chain. This may result in a breach of trust obligations under the lien legislation, and could lead to personal liability for directors and officers as well. The lien legislation provides lien claimants a right to certain information from the owner, so use these tools to find out what’s happening in the project payment chain.

Like any situation, the best approach depends on your particular circumstance. However, all options should be explored given the uncertainty that is COVID-19.

For more information, please contact:

Misty M. Alexandre

306.933.1352

Email: [email protected]

Jared Epp

306.933.1326

Email: [email protected]

LawyersJared D Epp