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Results: 1-10 of 25

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?


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 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?


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


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


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


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


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?


Does an interim lender to a construction project owe a duty of care?
  • McCarthy Tétrault LLP
  • Canada
  • June 20 2012

Construction projects don’t often proceed without a lender


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.”