Page 46 - INSIGHT MAGAZINE_October 2024

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Computer Services Construction Law
How can contractors protect themselves in the face
of rising construction costs?

The most common type of contract in the construction industry
1 888 485 1002 | www.griffcomm.ca | info@griffcomm.ca is a “fixed price contract”. These contracts lock in a total price to
perform a specified scope of work and generally only allow for
price increases with explicit approval. Unforeseen costs, including

Do you own and have total control of your work? those tied to the rapidly rising costs of materials, must be borne
by the contractor. As a result, many contractors have found

30 years ago the shed you built or the lawn you planted was themselves facing the difficult choice of abandoning a project
and facing the ensuing legal challenges or forging ahead with a
your work, today its all digital such as quotes, invoices, drawings, contract despite diminishing profit margins and potential insolvency.
almost everyone uses “the cloud” to save this work. AI has brought One way contractors can protect themselves is by including a price escalation clause
a fine point to who has access and control of your data. Here at into their contracts. A price escalation clause allows a contractor to impose price
increases for certain labour and materials during the term of the contract, thereby
GRIFFCOMM we never liked this, take ownership and control back shifting the risk of volatility in material price increases from the contractor to the
of your work, we have hardware and software that allows storage owner. Escalation clauses generally only apply to specified labour or materials that
and access in your building, remote access to your office PC from can be tied to an objective price index and will typically permit the contractor to
recover all or a portion of a price increase above a certain negotiated threshold.
anywhere through encrypted connection, and, as its all in your
office, you control and own it. Matt McMahon , B.A. (Hons.), J.D.

245 Hanlon Creek Boulevard, Unit 102, Guelph, ON N1C 0A1
website: www.svlaw.ca email: mmcmahon@svlaw.ca phone: (519) 837‑2100 ext 371
Employment Lawyer
Do I have to accept an employee’s medical note Why are lawyers still using Latin terms in
without question? modern day legal documents?
One of the most common and difficult personnel-related dilemmas
for businesses arises when an employee provides a vague medical Although there is some historical truth to the view that Latin
note. Typically, the medical note is a single sentence and that was a means for law makers to exclude the “commoner” from
single sentence will read something like “employee must be off knowing the law, one must also consider that the seeds of
work for medical reasons,” or something equally unhelpful and modern justice go back to the 12th century - when illiteracy was
unspecific. All parties assume that because the medical note came likely a larger issue than whether English laws also contained
from a doctor there is no questioning what it says. This is incorrect. Latin phrases. Frankly, I find it harder to understand Chaucer
Most employers are aware of their duties under the Human Rights Code, than Latin – so I surmise that using olde English instead of Latin would not have
particularly the duty to accommodate. What many employers (and employees) made a hint of difference. The early developers of the law were likely educated in
fail to understand, however, is that the duty to accommodate does not require Latin and just as likely understood that complex legal concepts could be expressed
that the employee be provided with their preferred accommodation or even the with brevity of language, such terms, for example, as: mens rea; per capita; and, per
one recommended by the doctor. In fact, ultimately, the employer has the right stirpes; which are still in common use today. Over time, these Latin terms often
to determine what is the most appropriate accommodation that will meet the had to be interpreted by judges while deciding civil or criminal disputes. Eventually,
employee’s needs and the needs of the business. The only way to do this is to ask the resulting judicial decisions brought a degree of certainty to their meaning.
for more information. You are entitled to ask the employee for details on their needs Certainty of meaning and efficiency of drafting are still important considerations
and limitations so that you can figure out how to accommodate them in a manner in the practice of law today. One helps avoid disputes and the other keeps drafting
that works best for your business. So next time, don’t be afraid to ask. costs down – so their use is likely to continue.
Eva Lane, M.A., J.D. (she/her/hers)
294 East Mill Street, Unit 108, Elora, ON N0B 1S0 McSevney Chaves LLP | 708 Duke Street, Cambridge ON 519-653-3217
website: www.svlaw.ca email: elane@svlaw.ca phone: (519) 837 6928 www.mcsevneychaves.com
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