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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

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.”

May a contractor sue a subcontractor when it agreed with the owner to obtain project insurance?

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

One of the most difficult issues in Canadian construction law is the impact of insurance on claims between owners, contractors and subcontractors

When is a building contract a joint venture?

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • January 8 2012

A difficult issue that may arise between contractors and subcontractors is the nature of their contractual relationship