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Results: 1-10 of 23

An insurance clause does not necessarily bar a claim by the owner

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • February 21 2012

When does an insurance clause in a construction contract bar a claim by the owner against the contractor?

Which dispute resolution system applies construction lien or arbitration?

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • November 21 2011

Courts have difficulty reconciling the rights of parties to arbitration when there are construction liens, cross claims, counterclaims and third party rights involved

How many times can a contractor sue the owner under the same construction contract?

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • June 13 2012

Can a contractor bring several claims against the owner arising from the same building contract?

When is the main building contract incorporated by reference into the subcontract?

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • April 22 2012

Most standard form building contracts provide for the incorporation of the main contract into the subcontract

Can a service contract create a duty to defend?

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • September 23 2012

A clause obliging the insurer to defend an insured, or pay for the insured’s defence, is a well know feature of liability insurance policies

Contractors beware: don’t rely on quantum meruit to fill a gap in a contract

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • March 13 2011

The principles of contract interpretation and quantum meruit are obviously quite distinct

Does the removal of equipment amount to an improvement for lien purposes?

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • December 11 2011

An important issue for construction and builders liens is whether destroying or removing land, structure and equipment qualifies as an “improvement.”

Tercon Contractors? The latest chapter

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • March 2 2012

The 2010 decision of the Supreme Court of Canada in Tercon Contractors Ltd v. British Columbia (Transportation and Highways) is one of the most important recent Canadian decisions relating contract law

The duty to defend: what are the indemnity obligations in construction contracts?

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • July 3 2011

A recent Ontario decision regarding the duty to defend against claims may have wide reaching implications for construction law even though the action did not involve a building contract

Can money paid into court be used to discharge other liens?

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • March 19 2012

When a contractor pays money into court to discharge a lien of a sub-contractor, can that money only be used to discharge that lien holder’s claim?