The Contractor's Guide to Construction Law

Sam Coghlan was Deputy Director and Senior Consultant of the Thames Ontario Library Service Board, Southwestern Ontario.

Few books meet their stated aims as well as this book has. Mr. Brogden’s intention is to make contractors aware of the types of legal problems they face, in order to know when to call a lawyer and how to avoid unnecessary legal costs. He does so admirably.

The author covers all the areas of construction work that could result in the need for a lawyer. He begins with a beautifully clear and concise history of Canada’s legal system, which does much to clarify some of the seemingly idiosyncratic aspects of the law that follows. His first two chapters are fine examples of how books presenting the law for specific audiences often offer the best explanations of basic legal principles. Mr. Brogden’s strong point is that he addresses what his audience needs to know with the skill of an effective communicator.

The book’s broad topics (Contract Law; Liens; Insurance and Bonding; Statutory Deductions; Licenses; Business Organizations) are not numerous, but they contain within them a wealth of detailed information. The author’s knowledge of the construction business is continuously revealed as he offers very practical insights into the relationship between the contractor and the law. He is especially cogent on the subject of lawyers, describing how they are trained and how to choose one. He repeatedly offers advice on how to keep a legal bill from becoming unnecessarily high, but he stresses the importance of seeking high quality legal advice when appropriate.

The writing style is consistently perspicuous and communicative without being either convoluted or condescending. Important statements are printed in boldface, to good effect. Continued warnings to “see your lawyer with your exact facts in such a situation” do not become hackneyed as they are liberally matched by comments such as that a certain procedure could safely be performed by a junior lawyer or an articling student and should therefore be less costly. Interjections of such caveats give the text an almost colloquial style. He treats provincial variations very effectively also, never losing his point in lists of statutes.

The book is not meant to be a do-it-yourself law book. It could be used to a limited degree to find the law in certain subjects (though footnoting is infrequent). However, the book’s purpose is to tell contractors how best to protect themselves legally and that is most often in conjunction with a lawyer. The book serves its purpose exceptionally well.