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Results: 1-10 of 25

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


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


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?


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


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


Does an interim lender to a construction project owe a duty of care?
  • McCarthy Tétrault LLP
  • Canada
  • June 20 2012

Construction projects don’t often proceed without a lender


Is certainty an essential element of a building contract?
  • McCarthy Tétrault LLP
  • Canada
  • 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


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?