Lessons Learned Preparation to dispute payment to a contractor should focus on ensuring that claims made by the owner agree with the owner’s documentary
Lessons Learned Do not assume that because a closely-related matter is working its way through the appellate courts that the limitation period in your
Introduction The Ontario Superior Court of Justice recently highlighted the importance of the summary nature of construction lien proceedings, and confirmed that delay can constitute
The Ontario Superior Court of Justice (the “Court”) recently dealt with the question of what constitutes a breach of the duty of good faith contractual
In a much anticipated decision, the Supreme Court of Canada has recently held that a contractor which is a trustee under a payment bond has
The Manitoba Court of Queen’s Bench recently held that the Canadian Revenue Agency (CRA) has priority over subcontractors and the bonding company in respect of
The extent of coverage under Builders’ Risk policies is a matter of continuing debate in Canada. Insurers try to draft policies which do not cover
The Alberta Court of Queen’s Bench recently considered an interesting issue relating to labour and material payment bonds. When a contractor requires a subcontractor to
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
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
