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What Amounts to Good Faith Conduct or Repudiation on Construction Projects?

January 15, 2012

Last week we discussed joint ventures in construction projects.  That issue arose from the important recent decision of the Prince Edward Island Court of Appeal

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Can An Agent Claim Damages As An Owner Under A Building Contract?

May 30, 2012

Agents of contractors and subcontractors often play a role and assert rights during construction projects. This is because contractors often use agents to perform the

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Which Term Prevails In A Building Contract: The Specifications, Or A Warranty Of Fitness For Purpose?

January 13, 2013

A building contract usually includes a term requiring that the work or materials supplied adhere to the specifications. The contract may also contain implied or

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When Is A Commercial Arbitration Decision Unreasonable?

August 6, 2013

Canadian courts will generally over-rule a decision of a domestic arbitral tribunal only if the decision is “unreasonable.”  What does this word mean? Is the

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Can A Payment Bond Impose Double Payments On A Contractor?

September 21, 2013

Payment bonds come in various shapes and sizes and it is important to read them carefully before concluding what they bond. They may not just

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Owner Awarded Nominal Damages For Deficient Construction Not Affecting Market Value

March 8, 2015

What is the appropriate remedy when a contractor fails to build the building in accordance with the specifications but the deficiencies are not proven to

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