Builders’ Lien Act Regulations Take Effect Today, June 30, 2017

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The Construction Association of Nova Scotia (CANS) has been a strong advocate for positive change to legislation that effects our industry. Over the past several years, we have advocated for changes to the Builders’ Lien Act of Nova Scotia. With support from other industry groups and strong partnership with government, those efforts have paid off and significant changes to the Act and supporting regulations come into full force TODAY June 30, 2017.

 

Background Information

In 2012, CANS, with broad-based industry support, put forward amendments to the Builders’ Lien Act as part of the public consultation and review. Those recommendations included:

  • The adaptation of the amendments to progressive release of holdbacks.
  • Amendments to the disbursement of finishing holdback.
  • A single-central point of publication for public notice of substantial completion.

While all three recommended amendments to the Builders’ Lien Act have now been proclaimed and take full effect at the end of this month, the third amendment was the last piece needing to be defined.

For more information about the regulatory changes to the Builders’ Lien Act, click HERE.

 

Substantialperformance.com

As of today, June 30, 2017, it is required by law that all contractors and buyers of construction use a single site of publication – www.substantialperformance.com – ensuring notice is given to parties when a contract is substantially performed and when a sub-contract is certified as complete.

Without a requirement of notice, contractors, suppliers, subcontractors and employees may not know when these critical stages have been reached, particularly if they are among those who have finished work on a project at an early stage and are no longer present to observe its progress. Notice of these milestones is important because it starts the clock running on some important time limits in the Builders’ Lien Act. Notice acts as a trigger, after a period of time with no lien registered, for release of holdbacks. In some cases, notice also starts the clock running on the time to register a lien. The regulations also clarify what should be in the notice and how and when the notice has to be published.

Under the new regulations the requirements are the same for both milestones and will:

  • Require owners to post notice in a prominent location at the job site office as well as on the publicly available portion of CANS’ website; and
  • Require that notice be provided within 10 days of the relevant milestone.

Substantialperformance.com was built by CANS with broad-based industry support. The centralized electronic publication site was created to benefit our economy, industry, and protect the legal rights/responsibilities of industry participants. It is extremely user friendly and self-explanatory. It takes only a few minutes to create your profile, upload certificates, and view notices. It is available at no charge to all users.

To better equip you with further information, click HERE to access our FAQ document detailing various aspects of the site.

Click here to go to www.substantialperformance.com

 

Three Construction Material Innovations

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Numerous innovations in technology are fast-advancing the world of construction materials, bringing new products to market that could make a big difference to our built environment. Here, we take a look at three particularly impressive developments.

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Implementing Technology and Data Solutions to Drive Strategy

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The emergence of construction technology has sparked an overdue industry-wide revolution. As technology companies attempt to capitalize on the unspoiled market, the industry is becoming infiltrated with a slew of enticing new options. Innovative project management and scheduling software, BIM, Lean tools, VSM, and 3D printing, among others are flooding the market. These solutions present enormous efficiency opportunities to an industry that has suffered a productivity decline of 19 percent over the last half century. Realizing the full potential of industry digitalization, however, requires companies to go beyond the nuts and bolts of operations. Long-term success demands the marriage of technology and strategy; it entails an innovative approach to one of the oldest industries on earth.

Read more.

Cornell Tests ‘Smart,’ Resilient Underground Infrastructure

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The future looks “smart” for underground infrastructure after a first-of-its-kind experiment conducted June 6 at the Cornell Geotechnical Lifelines Large-Scale Testing Facility.

Like many of today’s household devices, modern infrastructure is gaining the ability to collect and exchange valuable data using wireless devices that monitor the health of buildings and bridges, for example, in real time. But wireless systems for underground infrastructure, such as utility pipelines, are much more difficult to test in the field, especially during rare and extreme events such as earthquakes.

Read more.

With the Right Technology, You Can Better Control Your Upcoming Construction Projects

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The construction industry has, historically, not been one to rapidly adopt new technologies. However, shifts in employee demographics, combined with a cutthroat competitive market, means the construction industry is poised for massive disruption.

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CCA Awaits Results of Supreme Court Human Rights Case

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The Canadian Construction Association (CCA) is awaiting the status of a Supreme Court of Canada case that could expand the scope of human rights legislation.

The CCA became involved after it was approached by national law firm Torys LLP about an appeal of a B.C. Court of Appeal decision in Schrenk v. British Columbia (Human Rights Tribunal) to the Supreme Court of Canada. The case involves whether provincial human rights legislation applies to a construction (multi-employer) site where alleged discrimination is occurring between employees of different companies/employers.

Read more.

Public Services and Procurement Canada Increases Transparency Around Construction Contract Payments

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The Government of Canada is committed to growing the economy, strengthening the middle class and helping those working hard to join it. Our government understands that too many workers in the construction industry face financial hardship because of payment delays.

Public Services and Procurement Canada (PSPC) today announced that it will publicly disclose payments to prime contractors so that construction subcontractors know when they can expect payment.

Read more.

OHS Act Amendments

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Worker safety should be everyone’s top priority. However, there are some companies and individuals who repeatedly ignore or break safety laws, putting workers at risk of serious injury.

On June 12, 2017, amendments to the Nova Scotia Occupational Health and Safety (OHS) Act will come into effect to:

  • Clarify the definition of an injury or serious incident and how to report it
  • Extend the authority of the OHS director to deal with repeat offenders who continue to put others at risk of serious injury
    • Court injunction to prevent future work
    • Order future worksite information
    • Multiple worksite stop work orders

Click HERE to read the summary of the four amendments.

Occupational Health and Safety Advisory Council looking for members

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The province is inviting applications from quali ed Nova Scotians who are interested in serving as members on the Occupational Health and Safety Advisory Council.

The Advisory Council provides strategic advice to the Minister and the Department of Labour and Advanced Education on issues affecting occupational health and safety (OHS) in Nova Scotia.

Individuals interested in this opportunity should be:

  • A proven leader in improving occupational health and safety standards at work
  • Experienced in developing and implementing effective OHS programs
  • Currently employed and knowledgeable about the impact of OHS in unionized, non-unionized environments and small businesses.

If you would like more information about this opportunity, please contact the department’s Appointment Coordinator, Shawn Mosher, at 902-424-6654 or Shawn.Mosher@novascotia.ca.

You can find information about how to apply to serve on the Committee at: www.novascotia.ca/abc

Please submit completed applications to the Executive Council Office by email, fax or mail:

One Government Place 5th Floor
1700 Granville Street P.O. Box 2125
Halifax, NS B3J 3B7

Fax: 902-424-0667
Email: executive.council@novascotia.ca

Applications are due by: July 12, 2017

Construction Productivity Expert Series Webcasts

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Construction Productivity Expert Series Webcasts: