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Results: 1-10 of 23

Two construction lien issues: architect’s pro-forma certificate is invalid; GST must be added to holdback

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • December 29 2012

The Ontario Superior Court recently decided two important issues relating to construction liens. In Wellington Plumbing & Heating Ltd. v. Villa Nicolini

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

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

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.”

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

What amounts to good faith conduct or repudiation on construction projects?

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • January 15 2012

Last week we discussed joint ventures in construction projects

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?

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

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?

What mortgage payments are “advances” that have priority over lien claims?

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • March 25 2012

A recurring issue for construction and builders liens is whether the liens have priority over mortgage advances