Case Review: Valard Construction Ltd. v. Bird Construction Co. 2018: the duty to disclose the existence of a bond to potential beneficiaries
Case Review: Valard Construction Ltd. v. Bird Construction Co. 2018: the duty to disclose the existence of a bond to potential beneficiaries Maria Le Hunte Valard Construction v. Bird Construction Co., 2018 SCC 8 examined the question of whether a...
Stuart Olson Construction Ltd. v. Structal Heavy Steel: Clarification of a Contractor’s Lien and Trust Obligations Under Builders’ Lien Legislation
Stuart Olson Construction Ltd. v. Structal Heavy Steel: Clarification of a Contractor’s Lien and Trust Obligations Under Builders’ Lien Legislation Firas Ayoub In the recent decision in Stuart Olson Construction Ltd. v. Structal Heavy Steel 2015...
Final or Interlocutory Order? That is the Question
Final or Interlocutory Order? That is the Question By Catherine DiMarco Construction lawyers are keenly aware of the complexities and nuances which impact an analysis of whether a Court order is a final order or an interlocutory order. Failure to...
Lien on Me: Possibility of Correcting Errors when Registering Liens
Lien on Me: Possibility of Correcting Errors when Registering Liens By Sia Moshiri The Construction Lien Act (“CLA”) is known for its rigid rules and strict deadlines. This is understandable given the significant consequences of a registered...
Recent Developments in the Law of Expert Witnesses
Recent Developments in the Law of Expert Witnesses F. Philip Carpenter Introduction Expert opinion evidence is central to many construction disputes[1]. It is necessary to assist the court or jury in making correct conclusions on a subject not...
Are Smart Contracts the Next Big Thing in Construction?
Are Smart Contracts the Next Big Thing in Construction? By Maria Le Hunte “Smart contracts”, and other new technologies, bring the promise of “smart” construction. The construction industry can benefit from smart contracts as they can automate...
A case comment on Bhasin v. Hrynew and the new organizing principle of good faith and duty of honesty in contractual performance
A case comment on Bhasin v. Hrynew and the new organizing principle of good faith and duty of honesty in contractual performance Damon Stoddard In its landmark November 2014 decision in Bhasin v. Hrynew[1], the Supreme Court of Canada (SCC) held...
Damage Due to Faulty Workmanship and Exclusions from a Builder’s Risk Policy: The Acciona and Ledcor Decisions
Damage Due to Faulty Workmanship and Exclusions from a Builder’s Risk Policy: The Acciona and Ledcor Decisions Firas Ayoub Two recent court decisions have examined important fault exclusion clauses in ‘course of construction’ or ‘builder’s risk’...
Modern Discovery: Planned Productions
Modern Discovery: Planned Productions
Report on the CBA September 2014 conference: Building for the Future!
Report on the CBA September 2014 Conference: Building for the Future!