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?
Case Review – Homegold Resources Ltd. v. Jazz Resources Inc., 2023 BCSC 423
April 4, 2023
A tale of risk, ambition, and lies. Also featuring a gold mine in the mountains, Chinese-made mill motors, and the Builders Lien Act.
Construction Contract Held To Mandate The Payment Of Extras
April 3, 2017
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
Contractor’s Contract With The Buyer Of Land Was A Sufficient Reason To Deny A Construction Lien And Unjust Enrichment Claim To The Contractor
January 22, 2017
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
Has The Limitation Period For Constructive Trust Claims Been Thrown Wide Open?
May 5, 2014
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
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
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
Restitutionary Payment May Be Ordered For An “Ineffective” Construction Contract
October 31, 2011
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
Contractors Beware: Don’t Rely On Quantum Meruit To Fill a Gap in a Contract
March 13, 2011
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”?
February 14, 2011
Unjust Enrichment – Are the Services “Incontrovertibly Beneficial”? A recent decision of the Ontario Court of Appeal outside the field of construction law reminds us