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Results: 1-10 of 25

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


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


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 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


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


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


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


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


Who knew that Mary Carter was involved in construction law?
  • McCarthy Tétrault LLP
  • Canada
  • June 9 2011

In AeconBuildings v. Stephenson Engineering Limited, the Ontario Court of Appeal recently dismissed a construction law claim because a Mary Carter agreement was not immediately disclosed