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Results: 1-10 of 25

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


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


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?


Can an agent claim damages as an owner under a building contract?
  • McCarthy Tétrault LLP
  • Canada
  • May 30 2012

Agents of contractors and subcontractors often play a role and assert rights during construction projects


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


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


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


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


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?