How Much Weight Should be Afforded to an Adjudicator’s Decision?
August 11, 2023
Whose decisions are entitled to more deference, a consultant’s or an adjudicator’s?
Multiplicity Of Litigation Is Not A Sufficient Reason To Stay An Arbitration
July 24, 2016
The Saskatchewan Court of Appeal has recently released an interesting decision dealing with arbitration and court proceedings arising from a construction contract. In Saskatchewan Power
When Is A Consultant Liable To A Contractor For Subsurface Information In Tender Documents?
October 11, 2014
One of the difficult issues in construction law is the duty owed, if any, by the owner’s consultant to the contractor. In particular, does the
The Traps And Perils Of Limitation Of Liability Clauses
March 30, 2014
In Swift v. Eleven Eleven Architecture Inc., the Alberta Court of Appeal recently considered the impact and scope of a limitation of liability clause in
When Does An Arbitration Clause Require Arbitration?
June 9, 2013
Whether an arbitration agreement requires, or only permits, arbitration is a continuing issue under arbitration law. In building contracts, this issue often arises when the
May a Contractor Sue a Subcontractor When It Agreed With The Owner To Obtain Project Insurance?
July 2, 2012
One of the most difficult issues in Canadian construction law is the impact of insurance on claims between owners, contractors and subcontractors. There are two
Does An Interim Lender To A Construction Project Owe A Duty of Care?
June 20, 2012
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 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