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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


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


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?


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


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


Does the removal of equipment amount to an improvement for lien purposes?
  • McCarthy Tétrault LLP
  • Canada
  • December 11 2011

An important issue for construction and builders liens is whether destroying or removing land, structure and equipment qualifies as an “improvement.”


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


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


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