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Contractors beware: don’t rely on quantum meruit to fill a gap in a contract
  • McCarthy Tétrault LLP
  • Canada
  • March 13 2011

The principles of contract interpretation and quantum meruit are obviously quite distinct


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


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.”


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


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


When is a building contract a joint venture?
  • McCarthy Tétrault LLP
  • Canada
  • January 8 2012

A difficult issue that may arise between contractors and subcontractors is the nature of their contractual relationship


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?


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