Tristen Pomerance Tristen Pomerance

Year in Review

Construction law in 2025 became faster, firmer, and far less forgiving. Courts across Canada consistently reinforced that missed deadlines, delayed responses, and “sorting it out later” are no longer viable strategies.

From stricter lien timelines to immediate enforcement of adjudication decisions and heightened risks when insolvency enters the picture, the message was clear. Preparedness and early action are now critical to protecting cash flow, leverage, and project stability as the industry moves into 2026.

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Tristen Pomerance Tristen Pomerance

A functional approach to Alberta’s “drop-dead” rule

In Round Hill Consulting Ltd v Parkview Consulting Ltd, the Alberta Court of Appeal signaled a more practical approach to applying Alberta’s “drop-dead” rule. Rather than focusing on rigid procedural tests, the Court emphasized substance over form, asking whether steps taken meaningfully advanced the overall dispute.

For construction litigants managing intertwined claims and counterclaims, the decision offers greater flexibility, but also reinforces the importance of showing real, documented progress toward resolution, not just procedural activity.

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