We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 23

The limitation period quagmire between litigation and arbitration

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • November 6 2011

The limitation period is a vexing issue to any party involved in a commercial dispute

Is the owner liable for delaying the commencement of the building project?

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • July 30 2012

Time is money on a building project

When does an arbitral limitation period commence?

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • August 28 2012

An arbitration is usually considered to be a less formal type of dispute resolution than court litigation

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

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

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?

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.”