Case Review – Sjostrom Sheet Metal Ltd. v. Geo A. Kelson Company Limited, 2023 ONSC 4959
September 5, 2023
A stitch in time saves none (unless it’s properly documented in accordance with the terms of the contract).
Case Review – High Performance Energy Systems Inc. v. Halifax (Regional Municipality), 2023 NSCA 16
May 15, 2023
Lessons Learned No decision better demonstrates the bow wave of unnecessary destruction and expense that expands in the wake of emotionally-fuelled squabbling. It destroys
Case Review – Avli BRC Developments Inc. v. BMP Construction Management Ltd., 2023 ABCA 147
May 11, 2023
Lessons Learned Take advantage of the intended efficiencies of builders’ lien procedure by cooperating with other lienholders and the court to streamline filings and
Contractor Liable To Flooring Subcontractor For Failure To Provide Proper Sub-Floor
March 23, 2016
An owner is obliged to provide the contractor with proper access to the site for the performance of the work. That principle of construction law
Are “Services” Lienable If They Relate To Something That Is Not An “Improvement”?
November 1, 2015
Whether something put on land is an “improvement” for the purposes of construction and builders’ liens can be a difficult question of fact and law.
Damage To The Rebar And The Deflection Of Floor Slabs Are Covered Under Builders’ Risk Policy: B.C. Court Of Appeal
October 17, 2015
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
Is A Pay When Paid Clause Applicable If The Contractor’s Account To The Owner Is Reduced For Reasons Unconnected With Subcontractor’s Work?
April 20, 2015
A pay when paid clause is one of the most contentious clauses in a building contract. Indeed, the clause is outlawed in most circumstances in
Ontario Court Of Appeal Holds That The Doctrine Of Mistake Does Not Apply To A Tender
September 21, 2014
In Asco Construction Ltd. v. Epoxy Solutions Inc., the Ontario Court of Appeal recently held that the doctrine of mistake did not apply to an
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
Can A Payment Bond Impose Double Payments On A Contractor?
September 21, 2013
Payment bonds come in various shapes and sizes and it is important to read them carefully before concluding what they bond. They may not just