BARTIN PIPE & PILING SUPPLY LTD.
1989 2019 30th
We carry a full line of 23/8" to 48" OD, and offer
cut to length, beveling, and welding facilities.
We also have the ability to attach end plates and
driving shoes.
will carry over to future projects. Given the earlier comments
on drafting to address COVID-19, there will likely
be more disputes on the characterization of the impacts of
COVID-19 and the proper application of contract provisions
relating to changes of law, termination for prolonged suspension
and stop-work orders, in addition to the usual force
majeure clauses. Alternative dispute resolution processes
like mediation and arbitration, which were already popular
pre-COVID-19, are likely gaining even more traction with
parties, given they can largely proceed remotely and likely
offer a timelier resolution than the courts.
Time to embrace adjudication? Ontario has yet to see a significant
uptake of adjudication. In October, Ontario Dispute
Adjudication for Construction Contracts released its first
annual report, which highlights that 32 adjudications have
been commenced since the adjudication provisions of the
Construction Act came into force. This may be because only
contracts entered into after Oct. 1, 2019, subject to certain
grandfathering rules, are subject to the prompt payment and
adjudication regime under the Construction Act. It may also
be that there is still a lack of familiarity or comfort with the
process. While Ontario has yet to see a significant uptake of
adjudication in the province, given how quickly adjudications
proceed and the swift response timelines, it may be that more
parties are interested in adjudication in a post-COVID-19 era.
However, parties should remember that decisions are only
interim and dissatisfied parties may pursue future arbitration
or litigation – so legal counsel should be involved from
Bartin Pipe stocks more than 20,000 tons of various
pipe sizes, guaranteeing our customers in-stock
product with alternative wall sizes to meet all our
customers’ needs.
6835 Glenmore Trail S.E. | Calgary, AB T2C 2S2 | Phone: 403-279-7473 | Fax: 403-279-2755
Toll-free 1-800-661-7473 | info@bartinpipe.com | www.bartinpipe.com
the outset.
In addition to being a lawyer,
Elliot Smith is a professional
engineer. Smith specializes in providing
legal advice on all aspects
of major infrastructure projects,
including project development,
procurement, contract negotiation
and administration issues.
His legal practice has a strong
emphasis on the development of
power plants, both renewable and
conventional, as well as the negotiation of power and capacity
purchase agreements.
Lia Bruschetta is a construction
and commercial infrastructure
litigator with experience litigating,
arbitrating and mediating
disputes arising out of construction
and infrastructure projects
for owners and contractors
across Canada. Her practice
covers all aspects of construction
law, including disputes involving
contracts and specifications,
construction liens, trusts, bond and insurance claims, delay
claims, bidding and tendering matters and negligence claims.
PHOTOS: OSLER HOSKIN & HARCOURT LLP
LEGAL
54 Q4 2020 www.pilingcanada.ca
/www.bartinpipe.com
/www.pilingcanada.ca
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