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The Supreme Court clarifies the application of the St. Lawrence Cement Inc. v. Barrette decision

McCarthy Tétrault LLP
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Canada
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April 8 2013

On March 7, 2013, the Supreme Court of Canada (SCC) rendered a decision in which it clarified the application of St. Lawrence Cement Inc. v

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

McCarthy Tétrault LLP
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Canada
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December 29 2012

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

When is an officer, director or controlling person liable for a construction lien trust fund claim?

McCarthy Tétrault LLP
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Canada
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December 4 2012

What are the limits of the trust fund liabilities under the Construction Lien Act?

What does a CGL policy cover after progressive homes?

McCarthy Tétrault LLP
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Canada
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September 30 2012

The decision of the Supreme Court of Canada in Progressive Homes Ltd. v. Lombard General Insurance Co of Canada is a seminal decision with respect to the application of CGL policies to the construction industry

Can a service contract create a duty to defend?

McCarthy Tétrault LLP
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Canada
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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

Is certainty an essential element of a building contract?

McCarthy Tétrault LLP
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Canada
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September 15 2012

Courts are often unwilling to hold that an agreement is unenforceable for uncertainty when, by all appearances, the parties intended to make a contract

When does an arbitral limitation period commence?

McCarthy Tétrault LLP
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Canada
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August 28 2012

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

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

McCarthy Tétrault LLP
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Canada
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July 30 2012

Time is money on a building project

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

McCarthy Tétrault LLP
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Canada
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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

Does an interim lender to a construction project owe a duty of care?

McCarthy Tétrault LLP
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Canada
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June 20 2012

Construction projects don’t often proceed without a lender

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