Lessons Learned Be clear about the difference between a “draw” and a “payment”. Be aware that audited financial statements containing mention of a debt may
One of the most contentious issues in building contracts is mechanism to ensure that the contractor is guaranteed payment for extras, and that the owner
In J. Lepera Contracting Inc. v. Royal Timbers Inc. the Ontario Divisional Court recently dealt with a claim in unjust enrichment by a contractor who
Constructive trust claims are a natural for construction projects. Unpaid subcontractors and suppliers may have improved the land owned by or secured to the owner
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
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
Owners and contractors should always avoid undertaking a project without a contract. But if they do build the project without a contract, the British Columbia
The principles of contract interpretation and quantum meruit are obviously quite distinct. But in its recent decision CH2M Hill Energy Canada, Ltd. v. Consumers’ Co-operative
Unjust Enrichment – Are the Services “Incontrovertibly Beneficial”? A recent decision of the Ontario Court of Appeal outside the field of construction law reminds us
Unjust Enrichment–Construction lien action: A supplier cannot assert an unjust enrichment claim against an owner, particularly if the contractor has asserted a construction lien claim.
