Construction
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Field Law provides legal advice to any industry in which construction occurs. This spans from assistance with drafting construction or consulting contracts, to ongoing support on projects, to assisting with dispute resolution.

Field Law helps with:

What we offer:

Labour + Employment

  • Collective agreements
  • Employee discipline + termination
  • Human resource policies
  • Human rights claims
  • Workers’ compensation appeals
  • Wrongful dismissal claims
  • Vaccination policies

Construction Dispute Resolution

  • Litigating builders’ liens
  • Litigating Public Works Act claims
  • Contract dispute resolution
  • Delay and productivity claims
  • Productivity impact litigation
  • Deficiency claim litigation
  • Arbitration
  • Mediation

Occupational Health + Safety

  • Workplace policies
  • Custom designed safety programs
  • Workplace health + safety investigations
  • 24-hour emergency response service
  • OHS compliance services
  • Defence against regulatory and criminal offences

Bonds + Surety

  • Surety
  • Indemnity agreements
  • Fidelity bonds
  • Completion contracts
  • Submitting and litigating performance bond and labour and material payment bond claims
  • Defending performance bond and labour and material payment bond claims
  • Security and other arrangements

Builders’ Liens

  • Registering liens
  • Enforcing liens
  • Disputing liens registered against a property

Business

  • Drafting and reviewing construction contracts, including custom contracts or supplemental conditions to standard form contracts
  • Financing agreements for development projects
  • Loan restructuring
  • Mergers + acquisitions
  • Equity or debt offerings (public or private)
  • Corporate governance
  • Employee Share Ownership Plans
 
Manager, Litigation Services - Edmonton
VCARD
Edmonton
aantler@fieldlaw.com
(She/Her)
Paralegal, Litigation Services
VCARD
Calgary
pgray@fieldlaw.com
Graham Group Ltd v Labas Estate, 2017 ABQB 241
Envacon Inc v 829693 Alberta Ltd, 2017 ABQB 623
Factors Western Inc v DCR Inc, 2021 ABCA 433
PME Inc v Enerkem Alberta Biofuels LP (Enerkem Alberta Biofuels GP Inc), 2021 ABQB 889
Gradziel v Town of Coalhurst, 2020 ABQB
Ross v. Bragg, 2020 BCSC 337
LaPrairie Works Inc v Ledcor Alberta Limited, 2019 ABQB 701
Amble Ventures (Alberta) Ltd v D.B.K. Engineering Ltd, 2019 ABQB 287
Golden Triangle Construction Management Inc v Nuwest Interior Systems Inc, 2019 ABQB 292
Golden Triangle Construction Management Inc v Nuwest Interior Systems Inc, 2019 ABQB 292
Park Avenue Flooring Inc v EllisDon Construction Services Inc, 2019 ABQB 73
Nova Pole International Inc v Permasteel Construction Ltd, 2018 ABQB 672
Tamaya Wynd Estates Inc. et al v. Condominium Corporation No 0727774, 2018 ABQB 466
KBR Industrial Canada Co v Air Liquide Global E&C Solutions Canada LP, 2018 ABQB 257
Stephen v MacLean, 2018 ABQB 53
Direct Horizontal Drilling Inc v North American Pipeline Inc, 2017 ABQB 653
Condominium Plan No 7920829 v. Academy Contractors Inc., 2017 ABQB 583
Owners: Condominium Plan No. 0625385 v Oxford Grande Ltd., 2017 ABQB 316
Keyland Development Corporation v Rocky View (Municipal District No 44), 2016 ABQB 735
Prestigious Properties Inc v. Cold Lake Estates Inc, 2016 ABQB 632
1126592 Alberta Ltd. v. Condominium Corporation No. 0425913 (New Cambridge Lofts), 2014 ABPC 183
Keyland Development Corporation v Cochrane (Town), 2014 ABQB 458
Condominium Corporation No. 0825873 v. 1246153 Alberta Ltd., 2010 ABQB 718
E. Gruben’s Transport Ltd. v. Alberta Surplus Sales Ltd., 2010 ABQB 244
Chuck Corothers Building Materials Ltd. v. Royal North Industries Ltd., [1998] NWTR 114
February 2024
The Fine Line in Construction Lien Errors
Constructive Thoughts Newsletter
When registering a lien, ensuring the information included is accurate is crucial to lien validity. Getting the date work was completed, or the legal land location, wrong, is often fatal. But where does the court draw the line between ...
January 2024 - 4 min read
Construction Liens: Resolving Costs in Default Actions
Constructive Thoughts Newsletter
In a construction lien dispute, Alfa Mechanical filed a motion for default judgment against the Changs over a Toronto property lien. The parties set aside the default noting but disagreed on costs. The court awarded Alfa expenses for t...
December 2023 - 5 min read
How Much is Too Much: Extraordinary Remedies for Excessive Liens
Constructive Thoughts Newsletter
Determining the proper amount of a builders’ lien routinely arises in construction law proceedings. In certain circumstances, there may be no basis to support an excessive lien amount, which could ultimately bring the matter befo...
November 2023
Construction Lien Dilemma: Landlord Liability in Tenant-Driven Renovations
Constructive Thoughts Newsletter
A contractor may register a construction lien on a property to obtain payment for their unpaid services or materials. While registering liens is generally straightforward, complexities arise when the property's fee simple registere...
November 2023 - 6 min read
Third-Party Beneficiary of a Contract Bound by Mandatory Arbitration Clause
Constructive Thoughts Newsletter
The Court had to determine whether an owner, as third-party beneficiary of a subcontract, could litigate contractual warranty claims against a subcontractor, when the subcontract required “all disputes” under the subcontrac...
October 2023 - 4 min read
Lien on Me: Consequences of Excessive Liens
Constructive Thoughts Newsletter
Courts have the discretion to determine the security amount required to vacate a lien, which can be less than the claimed lien amount. In a recent BC case, a lien was allowed to be vacated by posting security for half of the disputed a...
October 2023 - 7 min read
Liability in Construction Contracts: Negligence + The Corporate Veil
A majority shareholder faced potential personal liability due to negligence during project oversight; however, the Alberta Court of Appeal clarified that such liability isn't easily established, emphasizing that the corporate veil ...
September 2023
Legal Notes: Indemnity Awards are Based on Proportionality and Court Conduct
Daily Commercial News by ConstructConnect
September 2023 - 5 min read
Get Me Out: Interpleader Orders + Ongoing Contractor Litigation
Constructive Thoughts Newsletter
The Court found that where the amount owed to the general contractor exceeded the principal debts owed to subcontractors, it was appropriate to pay the full amount owed to the general contractor into court to fully secure subcontractor...
August 2023
The Best Lawyers™ in Canada 2024
43 Lawyers Recognized
Field Law is pleased to announce that 44 of our lawyers are recognized in their respective practice areas in the 18th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ...
August 2023 - 4 min read
Substantial Indemnity Costs in the Context of Liens
Constructive Thoughts Newsletter
Parties to construction contracts should be attentive to the potential for substantial indemnity costs in lien proceedings, recognizing the significance of recoverable litigation costs. The courts have the authority to award costs on...
July 2023 - 6 min read
Lien Bonds Are as Good as Cash
Constructive Thoughts Newsletter
The Manitoba Court of Appeal reversed a chambers Justice's decision which held that a lien bond was not as good as cash for vacating liens on a Crown project. In doing so, the Court of Appeal noted that in situations where neither ...
July 2023 - 4 min read
Who is Responsible for Defective Design?
Constructive Thoughts Newsletter
The Court in Seagate Construction v Halifax Regional Municipality held that when a contractor is hired to carry out a design created by others, it is not responsible for faulty aspects of the intended design if its workmanship is sound...
July 2023 - 4 min read
Determining Validity of Contractor Claim of Lien
Constructive Thoughts Newsletter
Understanding engagement relationships and responsibilities regarding subcontractors is crucial for construction company owners. A recent decision ruled that a lien was valid, even though the property owners were unaware of the subco...
June 2023 - 5 min read
How Should a Court Settle the Terms of a Release in Contentious Settlements?
Constructive Thoughts Newsletter
Haider v Rizvi highlights the Court's role in resolving disagreements when parties fail to agree on the terms of a release following a settlement. In this case, the Court determined the contents of a full and final mutual release...
June 2023 - 4 min read
Mistakes on Builders' Liens: Can They Be Cured?
Constructive Thoughts Newsletter
Two recent cases in Alberta and British Columbia examined the validity of construction liens with mistakes. In Alberta, a court ruled that liens with substantial compliance and no prejudice can be valid, even with certain mistakes. I...
May 24, 2023 - 4 min read
Surety Liability Under a Performance Bond
The Court faced a situation where it had to determine whether a surety had any liability under a performance bond. The Court found that even where it could not conclusively determine whether certain damages were due to the principal...
April 2023 - 3 min read
Legal Notes: Tough Love in the Tender Process
Journal of Commerce
April 2023 - 3 min read
Immovable Security: Lien Eligibility for Mobile Structures
The Ontario Superior Court of Justice confirmed that portable classrooms are characterized as "improvements" and are therefore eligible for a lien under the Ontario Construction Act. The same conclusion would like...
March 2023 - 4 min read
Priority Between Builders' Liens + Trustee Fees in a Bankrupt Estate
Usually, secured claims against a bankrupt estate (such as builders' liens) are paid out before any other claims, including a bankruptcy trustee's fees. But fairness is the most important consideration when administering a ba...
March 2023
Costs + Damages Entitlement for Wrongfully Registered Liens
If a person wrongfully registers a lien, the property owner is entitled to costs and damages incurred resulting from the wrongfully registered lien. The specific award will depend on the circumstances of the case, but may include rea...
February 2023 - 3 min read
Unfinished Business: The Importance of a Flawless Bid in the Tender Process
If a submitted tender does not strictly comply with all the mandatory requirements of the tender package, the owner can and should reject that tender. This ensures that all bidders are treated fairly – the overarching...
January 2023 - 4 min read
Does a Subcontractor Have a Claim for Unjust Enrichment Against the Owner?
The Court confirmed that if a subcontractor registers a lien and subsequently fails to perfect that lien claim, it does not have an unjust enrichment claim. The lack of privity between an owner and subcontractor rarely results in a v...
January 2023 - 4 min read
Court Provides Clarity on Substituting Lien Bonds for Cash in Court
The Court stated that while posting a lien bond as a replacement for cash paid into court can free up funds that help lead to the completion of the project, doing so cannot be done if it undermines the trust provisions of lien legislat...
December 2022 - 3 min read
When Worlds Collide: The Interplay Between Liens and Adjudication Orders
Alberta’s prompt payment and adjudication provisions are based heavily on Ontario’s Construction Act, but a major difference is the extent of trust provisions. In Alberta, a trust only arises when a certificate of sub...
December 15, 2022
Legal + Financial Check-Up for Construction + Trades Business Owners
Webinar
What legal issues should construction and trades business owners be aware of throughout all stages of a project? What financial processes should be in place to help owners operate successfully?  Join Field Law's Anthony Burden and KWB Chart...
November 2022
Complete or Not Complete: When is Substantial Performance Attained?
In Alberta, issuing a certificate of substantial performance allows the major lien fund to be released once the requisite time has elapsed. In British Columbia, issuing a certificate of completion allows the holdback to be released once the requisite t...
September 2022 - 4 min read
Can Surety Bonds be Rescinded Due to a Contractor's Fraudulent Conduct?
Surety bonds are commonplace on construction projects across Canada. They provide assurance that if the principal under the bond (usually a general contractor or major subcontractor) defaults, funds will be available to complete the work and/or pay unp...
September 2022 - 4 min read
Exposure for Developers: Potential Liability for Dangerous Defects
In construction law, it is common for anyone actively participating in construction projects to have duties imposed upon them to ensure the work is completed safely and is free from dangerous defects. If there is no evidence of the developer's r...
August 25, 2022
The Best Lawyers™ in Canada 2023
39 Lawyers Recognized
Field Law is pleased to announce that 39 of our lawyers are recognized in their respective practice areas in the 17th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ...
August 2022 - 4 min read
Final Countdown: Top 5 Things to Keep in Mind for Prompt Payment
The Prompt Payment and Construction Lien Act (“PPCLA”) comes into force on August 29, 2022, nearly two years after Bill 37 was first tabled. With only five days left, here are the top five things for all construction companies and...
July 2022 - 5 min read
Connected + Protected? Lien Rights on Different Lands
Whether Crown lands in Canada can be liened varies by province, but invariably, work done on some lands is not lienable. In JVD Installations Inc. v. Skookum Creek Power Partnership, the British Columbia Court of Appeal faced the following qu...
April 2022 - 3 min read
Priority of Lien Claims in a Post-Redwater World
The Supreme Court of Canada's Redwater decision concluded that provincial end-of-life abandonment and reclamation obligations, which are not claims provable in bankruptcy, must still be satisfied by a bankrupt estate, regardless of a...
March 2022 - 4 min read
Prompt Payment + Consultants: What You Need to Know
The upcoming changes to Alberta's construction law regime should be top of mind for all parties in the construction industry, with both the Prompt Payment and Construction Lien Act (the "PPCLA") and the Prompt Payment and A...
March 2022 - 10 min read
In Good Faith: Seven Cases Impacting Your Contracts
In 2020 and 2021, two significant Supreme Court of Canada cases, Callow Inc. v. Zollinger and Wastech Services Ltd. v Greater Vancouver Sewerage and Drainage District, clarified and confirmed the duty of good faith and honest contra...
February 2022  - 3 min read
Which Parties Must Be Sued to Enforce a Builders’ Lien?
Builders’ liens are a common tool for unpaid parties on a construction project to try to secure payment for their work. But simply registering a lien is not enough to perfect a lien claim.In Alberta, a Statement of Claim and Certificate of Lis Pe...
January 2022 - 4 min read
Discharging a Builders' Lien: Is Cash King?
Posting either a lien bond or cash as security to discharge a builders' lien is standard practice in Alberta. Seemingly, this is because the lien claimant is not prejudiced by the posting of one form of security over the other.  But is a ...
January 2022 - 4 min read
Factoring Arrangements and Builders’ Liens: How to Take Them Into Account
Payment disputes on construction projects are extremely common. With margins being low to begin with, contractors often find themselves financially strained and unable to cash flow their business operations to complete projects. One common form of reli...
October 2021 - 4 min read
Untangling a Web of Lien Claims
Builders’ liens on condominium projects are commonplace. The large scope of work required and the lack of surety bonding often leaves unpaid subcontractors or suppliers with little recourse in the event of non-payment. In Avli BRC Developments In...
September 27, 2021
Prompt Payment Legislation: The Impact on the Alberta Construction Industry
Webinar
While the Alberta Builders’ Lien Act has been in force and essentially unchanged for several decades, it will soon evolve with the enactment of the Prompt Payment and Construction Lien Act. This new legislation will introduce significant changes ...
September 2021 - 3 min read
Prompt Payment Legislation in Alberta: Is Your Invoicing "Proper"?
Prompt payment legislation has been in force in the United Kingdom for almost 30 years. Notwithstanding its reported effectiveness overseas, it has been slow to gain traction in Canada. In July 2018, Ontario enacted the "modernization" of its...
September 2021 - 3 min read
Registering Builders’ Liens: When Does the Clock Start Ticking?
The Builders’ Lien Act (“BLA”) sets out deadlines for registering builders’ liens. However, determining if a lien has been registered out of time can be tricky. Whether the work performed by a contractor or subcontract...
August 2021
The Best Lawyers™ in Canada 2022
38 Field Lawyers Recognized
Field Law is pleased to announce that 38 of our lawyers are recognized in their respective practice areas in the 16th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ...
July 2021 - 5 min read
Contract Drafting Secures Millions in Pre-Judgement Interest
Bidell Equipment LP v Caliber Midstream GP LLC, 2020 ABCA 478 (“Bidell”) is a recent appeal decision showcasing the importance of a properly drafted contract and its significance during contractual disputes. Additionally, this decision high...
May 2021 - 3 min read
Builders’ Liens: Where does the Lien Line Lie?
The line between what work gives rise to a valid builders’ lien, and that which doesn’t, can be blurry. The recent decision of YoungEnergyServe Inc. v LR Ltd, LR Processing Partnership, 2021 ABQB 101, has set out a framework for determining...
May 2021 - 4 min read
Constructing the Right Adjudication System for Alberta
How construction adjudication is developing across other Canadian provinces and what Alberta can expect.Later in 2021, Alberta will be implementing changes to the Builders’ Lien Act, including renaming it as the Prompt Payment and Constructi...
October 2020 - 3 min read
Prompt Payment in Alberta: One Big Step Closer
On October 21, 2020, Bill 37: Builders’ Lien (Prompt Payment) Amendment Act, 2020 passed First Reading in the Alberta Legislature. Bill 37 would introduce significant changes to the Alberta Builders’ Lien Act, particularly by introducing st...
August 2020
The Best Lawyers™ in Canada 2021
38 Fielders Recognized
Field Law is pleased to announce that 38 of our lawyers are recognized in their respective practice areas in the 15th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ...
April 2020
Uncertain Surety: Expiration of a Limitation Against a Principal is not a Defence to a Bond Claim
Sometimes failing to arbitrate a dispute with a binding arbitration provision can be fatal to a claim under a construction contract, particularly if the limitation period to commence the arbitration has expired.  But, in the ca...
March 2020
Construction Claims and COVID-19: What is Still Available?
The status of what businesses can remain open, in what capacity, and with access to whom, is ever-changing in the midst of the COVID-19 pandemic. For ongoing construction projects, or those for which a party has recently performed work, ...
March 10-11, 2020
12th Annual Managing Risk in Construction Contracts and Projects
Conferences
Speaker
January 2020 - 3 min read
Who You Gonna Call (As a Witness)?
Construction disputes (as with any matters in litigation) rarely make it to trial. Matters typically settle or are resolved on a summary basis through written evidence alone. But if a matter proceeds to trial, where evidence via live wit...
October 2019 - 2 min read
Think Leaving Equipment On Site Extends Your Lien Period? Think Again.
Builders’ liens provide unpaid contractors and subcontractors on a construction project the ability to secure a debt claim against a piece of land. While courts have acknowledged that the purpose of builders’ liens is to prov...
September 2019
Doing Work on a Provincial Project? Protect Yourself with a Public Works Act Claim
The Public Works Act (“PWA”) is a helpful, rarely litigated piece of legislation for unpaid subcontractors. By submitting a PWA claim to the Provincial Government, a subcontractor has the ability to seek compensation outside ...
July 2019
Fairness is in the Eye of the Beholder in the Tender Process
The tender process has long been a staple of the construction industry. Variations of that process, via requests for proposals (“RFPs”), requests for quotations (“RFQs”) or other similar processes have also been d...
May 2019
What’s Old is New Again – Municipal Reserve Lands in Alberta Cannot be Liened
Builders’ liens are a useful tool for unpaid contractors and subcontractors on a construction project. They provide a right to make a claim and register an instrument against title to a parcel of land, with the ultimate remedy being a sale of tho...
January 2019
Tick-Tock Goes the Lien Clock
Builders’ liens are an important tool, providing contractors, subcontractors, and suppliers security for unpaid work. The template s.48 Order requires a lien claimant to file a Statement of Claim within 180 days of registering the lien; however, ...
July 2018
Consequential Consequences: Contractually Excluding Damages for Lost Profits
Clauses that exclude or limit the recovery of consequential or indirect damages are common in construction, services and other commercial contracts. These clauses can play an important role in risk allocation.  This is particularly so in situation...
January 2018
Contractor Know Thyself: If You Don’t, You May Lose Your Lien
Builders' liens are "creatures of statute". A builders' lien is a new right created by lien legislation that would not otherwise exist at common law.  As such, a lien claimant must bring itself strictly within the statutory frame...
January 2018
Fatal Errors: The Small Mistakes That Can Have a Big Impact On Your Lien Claim
The scenario is a fairly common one: a contractor doesn’t get paid, and then proceeds to register a lien on a project, only to later discover a mistake in the Statement of Lien. It could be a typo in the name of the Owner; or it could be a failur...