Procurement and Tendering Process: Part Six

In the 6th article in our series on the procurement and tendering process, we examine how bidders can conduct efficient and effective due diligence prior to responding to an RFP. Objectives Prior to responding to the RFP, a prospective bidder will want to ensure it has had all access to all relevant information. It will …

Non-Competes No More In Ontario

The Government of Ontario has introduced a new law that seeks to amend a series of provincial employment laws, promising to give employees within the province new and novel legal rights.   The legislation, called Bill 27: Working for Workers Act, 2021 includes proposed amendments to various pieces of employment-related legislation as we discussbelow. The proposed changes stem from recommendations made by …

The Procurement and Tendering Process: Part Five

In the 5th iteration of our procurement and tendering process, we take a look at how to evaluate the RFP opportunity and prepare a successful response. In Part 6, we will look at this in more detail, such as how due diligence should be conducted on behalf of the bidder. Information Exchange During the RFP …

The Procurement and Tendering Process: Part Four

In Part 4 of Cotney Canada’s series on the procurement and tendering process, we take a look at final four items to be aware of before an RFP opportunity is evaluated and a response is prepared, which we will examine in more detail in Part 5. Specific Rules and Restrictions Depending on the particular procurement, …

Additional Insureds

Additional insureds are typically required on Commercial General Liability (CGL) policies of prime contractors and subcontractors. An owner may require the prime contractor to name them as an additional insured on their CGL policy. Similarly, a prime contractor may require the subcontractor to add the prime as an additional insured on the subs CGL policy. …

Cotney Canada Contract Checklist (Part One)

This checklist outlines what should be considered when drafting or reviewing the standard elements of a commercial agreement, including term and termination, representations and warranties, indemnification, limitations on liability, and miscellaneous and boilerplate provisions. This checklist focuses on the provisions that are generally included in contracts for the supply of goods and services but are …

General Guidelines on Document Retention for Construction Professionals in Canada

Though it may be inconvenient and costly for construction professionals to keep project files for long periods of time, it is imperative that they do so. In each province, the provisions of their respective Limitation Act (the “Act”) should guide building professionals in the formation of their records retention policy. The Act establishes limitation periods …

3 Provisions to Include in Your Residential Roofing Contract

A contract can be a roofer’s best friend because it will contain terms that will assist the roofer in collecting money or defending claims. Although this article will not discuss all the provisions needed in a good residential roofing contract, it will focus on three important provisions that every residential roofing contract should include. Notice Provision. …

Procurement and Tender Process: Part Two

In Part 2 of our series on the tendering process, we take a deeper dive into how an effective solicitation is developed. Establishing Clear Goals for the Tender Process To get the most out of construction procurement, the owner must first understand what its objectives are both of the overall project and of the tender …

Ontario Passes Bill 288 – Building Opportunities in the Skilled Trades Act, 2021

This May, Ontario enacted Bill 288, also known as the Building Opportunities in the Skilled Trades Act, 2021. The Act sets out provisions regarding the practice of trades in Ontario and apprenticeship training and certification, and provides for the continuation of the Ontario College of Trades under the name Skilled Trades Ontario. The Act provides …