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Results: 1-10 of 25

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?


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


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?


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


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 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


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


May a contractor sue a subcontractor when it agreed with the owner to obtain project insurance?
  • McCarthy Tétrault LLP
  • Canada
  • 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