Overview Courts are often unwilling to hold that an agreement is unenforceable for uncertainty when, by all appearances, the parties intended to make a contract.
Can the conduct of the parties after they have signed a commercial contract influence the interpretation of the arbitration agreement contained in that contract? If
Construction projects don’t often proceed without a lender. And often there is an interim lender which provides financing pending the advancement of funds by the
Can a contractor bring several claims against the owner arising from the same building contract? Multiple proceedings arising from the same contract certainly seem like
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
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
Construction Law – Construction liens – Marshalling The Construction Lien Act seems to be a world unto itself, unaffected by the general principles of law.
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
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
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