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Results: 1-10 of 25

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


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


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


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


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


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


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.”


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?


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?