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Results: 1-10 of 25

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


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


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


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


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


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


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


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


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


What does a CGL policy cover after progressive homes?
  • McCarthy Tétrault LLP
  • Canada
  • 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