Does an arbitral tribunal have authority to dismiss an arbitration claim for want of prosecution? Some arbitration statutes expressly state that a tribunal has the
Courts have difficulty reconciling the rights of parties to arbitration when there are construction liens, cross claims, counterclaims and third party rights involved. How can
The process by which subcontractors’ tenders are accepted in a bid depository is fundamental to the efficacy of that system. If that process does not
The limitation period is a vexing issue to any party involved in a commercial dispute. This truism applies even more to construction disputes because there
Owners and contractors should always avoid undertaking a project without a contract. But if they do build the project without a contract, the British Columbia
The Ontario Court of Appeal has just released an important decision upholding an arbitration award under NAFTA against Mexico. This decision shows that Canadian courts
The Newfoundland and Labrador Court of Appeal has recently held that an owner does not owe a duty of care to a subcontractor arising from
In two recent decisions, courts in Ontario and British Columbia have held that negligence during construction (or manufacturing) may be covered by general liability policies
When you enter into an arbitration agreement, do you think about whether the arbitration process results in an enforceable judgment? You should. The award that
In my article of April 2011, I reported about the decision in Aecon Buildings v. Stephenson Engineering Limited. In that decision, the Ontario Court of
