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Results: 1-10 of 25

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


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 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


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


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


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


When is the main building contract incorporated by reference into the subcontract?
  • McCarthy Tétrault LLP
  • Canada
  • April 22 2012

Most standard form building contracts provide for the incorporation of the main contract into the subcontract


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