February - 2016

Why it Matters is a semi-regular blog post from Sandquist Law & Construction Project Consulting that mentions or discusses certain legal developments or recent case law, news articles and how they might affect the construction, real estate and oil & gas industries, or other general topics that readers might find interesting, ranging from a landmark Supreme Court of Canada decision to a new wine or beer that the writer has tried and would recommend to try for a barbecue. In no way is any post legal advice, nor should it be relied on by any party. Posts are for information purposes only and a full investigation of the facts and law applicable to any situation you may have experienced, be related to or be curious about would be necessary to determine if any of the below information or case law could be applicable to you.

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Sureties, Subcontractors and Secured Creditors - Competing Rights Under the Builders’ Lien Act and B

Projects often involve various different lending and security groups that sometimes (perhaps without realizing it) include the contracting parties’ own balance sheets. These groups include lenders/balance sheets for contractors, contract managers, subcontractors, equipment suppliers and other vendors, all of whom may have separate interests and separate security agreements with their respective borrowers and among themselves. A specific subset of these lenders are sureties