The Litigator

THE LITIGATOR

Commentary on Law Affecting Business

The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com  ·  www.thelitigator.ca

Construction Bonds

(Introduction)

I have been asked to speak on the topic of . In speaking to you today I shall attempt to avoid, where possible, boring you with endless legal jargon and precedents but concentrate on practical advice from one who has had to deal with a number of substantial bond claims in several Provinces of , primarily acting for a Surety. From my experience, practical common sense in the face of difficulties in completing a is far better medicine than resorting to the hiring of an expensive /gunslinger, such as myself, to pursue matters before the Courts.

Given time restraints, my topic today will primarily deal with rather than other types of bonds relating to construction contracts in that are the primary Bonds when dealing with .

I must preface my remarks by telling you that there is a marked difference between United States of America jurisprudence versus Canadian relating to construction bonding claims. The primary difference is that south of the border most states have past legislation in this area, and when dealing with the Miller Act and the “Little Miller Act” apply. The Miller Act applies to contracts for the construction, alteration and repair of any public building or public work of the United States . Much of the litigation in the U.S. is focused on the nature of a “public work” to determine whether the codified statutory provisions of the “Miller Act” apply. In Canada, work performed, especially for the Federal Government, requires bonds to be in a specific format, and as is typical when dealing with any level of government within this country, the substance and format of government Performance Bonds is something to behold. Prescribed Canadian Government Constructions Bonds are a minefield, absent of any practical or legal logic! Given time restraints I shall not be able to deal with that subject matter today. What I will try to deal with today is what I call private Performance Bonds dealt before our Courts primarily through the common law…

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Peter R. Greene
Affleck Greene McMurtry LLP

Peter R. Greene

Peter is a widely recognized and renowned litigator with substantial expertise in high profile and complex Commercial Litigation at the trial and appellate levels. Peter acts as counsel for insurance companies on professional liability, E&O claims, Director’s and Officer’s liability, and surety, fidelity and dishonesty bond claims. He has particular expertise in securities litigation and Regulatory Hearing, and has acted for Canada’s largest investment firms. He regularly acts as defence counsel in large Class Actions before the courts in Ontario, and before national and provincial Regulatory agencies, boards and tribunals. Peter is regularly involved in large product liability and construction contract cases involving Construction Liens or Surety Bonds.

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