Construction Law – Consultants: Beware of Overstepping your Authority
Courts do not often examine the authority of a Consultant on a construction project and the liability consequences if the Consultant oversteps its authority. That
Construction Liens: Two Thorny Issues: Can non-lienable work be sheltered? Can off-site work be liened?
In John Barlot Architect Ltd. v. 413481 Alberta Ltd, the Alberta Court of Appeal has recently dealt with two thorny issues relating to a consultant’s
Can A Construction Lien Be Based On A Pre-Incorporation Contract?
Construction Lien Claims – Pre-Incorporation Contracts What happens when a pre-incorporation construction contract is made in the name of a company which does not do
The Equitable Doctrine of Marshalling Applies To Construction Liens
Construction Law – Construction liens – Marshalling The Construction Lien Act seems to be a world unto itself, unaffected by the general principles of law.
Can An Arbitrator Determine The Rights Of Non-Parties?
The Alberta Court of Appeal recently considered an arbitration award in which the arbitrator had decided the rights of non parties to the arbitration. In
Can Money Paid Into Court Be Used To Discharge Other Liens?
When a contractor pays money into court to discharge a lien of a sub-contractor, can that money only be used to discharge that lien holder’s