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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


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


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?


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 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


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?


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


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