Payment Clause Held Not To Be A “Pay-When-Paid” Clause
October 30, 2017
In Cardinal Contracting Ltd. v. Seko Construction (Vancouver) Ltd., 2017 CarswellYukon 107, 2017 YKSC 51, the Yukon Supreme Court recently considered whether a payment clause
Is The Charge Or Lien Against The Holdback Separate From The Lien Against The Land?
October 2, 2016
Summary In the recent decision in Brook Construction (2007) Inc. v. Blackwood Contractors Ltd, the Newfoundland and Labrador Court of Appeal held that the charge
Can A Change To A Construction Contract Be Set Aside For Duress Or Coercion?
June 23, 2015
Building projects often give rise to heated discussions. When a change order is made in that sort of situation, can one party later say that
Can General Damages Be Awarded For The Breach Of A Building Contract?
June 14, 2015
Generally speaking, damages for a non-financial loss are not awarded for the breach of a business contract. That is because those sorts of damages are
Does Construction Insurance Apply To The Suppliers To The Project?
May 3, 2015
An important issue in construction projects is the identity of the persons covered by the insurance coverage which applies to the project. If one of
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
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
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
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