When does an insurance clause in a construction contract bar a claim by the owner against the contractor? Is it barred if the contract requires
What is the best way to protect the authority of international commercial arbitrations? Is a party obliged to “play defence” and not ask the courts
In Canada, the obligation of a tribunal to give reasons has become one of the hallmarks of justice. But do arbitrators have an obligation to
A contractors’ worst nightmare is making a mistake in a tender and being stuck with a low bid. The next worse nightmare is submitting a
What margin of error does an arbitrator have? Should an arbitral tribunal’s decision be set aside if it is legally incorrect? Or should a wider
Last week we discussed joint ventures in construction projects. That issue arose from the important recent decision of the Prince Edward Island Court of Appeal
A difficult issue that may arise between contractors and subcontractors is the nature of their contractual relationship. Are they: independent contractors; or partners; or joint
Can an informal tender process which is not part of a bid depository system give rise to liability for negligent misrepresentation? Can it give rise
Update: The decision of the BC Supreme Court in West Fraser Mills Ltd. v. BKB Construction Inc., referred to in this article has since been
Every once in a while, an important decision comes along which should be put in your hip pocket so that it can be pulled out
