Generally speaking, damages for a non-financial loss are not awarded for the breach of a business contract. That is because those sorts of damages are
When a breach of a building contract occurs, the damages can be extensive because the breach can have an impact on the performance of other
The construction and builder’s line statutes in Canada generally provide that a lien may be lost if an action is not commenced or a lien
The Saskatchewan Queen’s Bench recently considered the definition of the word “improvement” in the Builders’ Lien Act of Saskatchewan. In Propak Systems Ltd. v. Grey
An important issue in construction projects is the identity of the persons covered by the insurance coverage which applies to the project. If one of
The Alberta Court of Queen’s Bench recently considered an interesting issue relating to labour and material payment bonds. When a contractor requires a subcontractor to
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
Last week I reviewed the decision of the Alberta court of Appeal in Ledcor Construction Ltd. v. Northbridge Indemnity Insurance. In that decision, the Alberta
One of the most difficult issues in construction law is the proper interpretation of an exclusion for faulty workmanship in a Builders’ Risk policy. The
The Ontario Superior Court recently dealt with the troubling issue of whether an owner can rely upon a waiver of claims signed by a bidder
