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
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
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
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
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
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
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
Construction Lien Act-Date of last supply of services and materials-Consultant: The supplier returned to site to install materials due to error in instructions from owner.