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
On February 25, 2022, the Government of Alberta confirmed that the Prompt Payment and Construction Lien Act (the “PPCLA”)[1]Prompt Payment and Construction Lien Act, c
In Ross-Clair v. Canada (Attorney General), the Ontario Court of Appeal has recently held that a contractor’s claim for extras and changed circumstances was ineffective
The articles on this site have often alerted the readers to the hidden dangers of mediation and negotiation clauses in construction contracts. The principle danger
In Sociedade-de-Fomento Industrial Private Ltd. v. Pakistan Steel Mills Corp. (Private) Ltd, the British Columbia Court of Appeal recently considered the use of a Mareva
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
We don’t usually think of the law of mistake as having any relevance in the 21st century. Mistake seems to be an 18th century problem
Most building contracts contain dispute resolution clauses which refer to arbitration. A dispute resolution clause can be mandatory – it can require arbitration – or
Can inaction by a party to a contract amount to an acceptance of the repudiation of the contract by the other party? That was the
