Incorporation By Reference In Building Contracts
July 24, 2012
Incorporation by reference in building contracts By Thomas G. Heintzman and Julie Parla1 A common clause in a building contract is one which incorporates the
Can An Arbitration Survive Fraud?
July 16, 2012
When material evidence tendered to an arbitral tribunal is fraudulent, we expect the court having jurisdiction to be very inclined to set the award aside.
When Is A Mediation Agreement Enforceable?
July 9, 2012
One of the most difficult issues in the law of alternative dispute resolution is whether a mediation clause creates an enforceable obligation. That issue has
May a Contractor Sue a Subcontractor When It Agreed With The Owner To Obtain Project Insurance?
July 2, 2012
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
Condominium Unit Owners Can Claim Common Elements Relief
June 25, 2012
Construction projects involve many participants and each of those participants may have a claim against other participants. Developers, immediate and subsequent purchasers, contractor and subcontractors,
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
How Many Times Can A Contractor Sue The Owner Under The Same Construction Contract?
June 13, 2012
Can a contractor bring several claims against the owner arising from the same building contract? Multiple proceedings arising from the same contract certainly seem like
What Are The Limits Of Competence-Competence For Arbitral Tribunals?
June 6, 2012
Competence-competence is now a foundational principle of the modern law of arbitration. According to that principle, an arbitral tribunal is competent to decide its own
Can An Agent Claim Damages As An Owner Under A Building Contract?
May 30, 2012
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
Arbitration Clause Is A Separate Enforceable Agreement
May 24, 2012
What happens when an arbitration clause is contained within a commercial agreement that one party says never came into existence or is unenforceable? And what