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17 Mar 2018, 9:20 am by Thomas G. Heintzman
Alta Surety Co. 1995 CarswellNS 31 the Nova Scotia Court of Appeal held (basically following the logic of the dissenting Justice Finlayson in the Timbro case) that a Pay When Paid clause should be interpreted as only being a payment timing mechanism during the project, and does not entitle the contractor to refuse payment to the subcontractor at the end of the job unless that interpretation is very clear to that effect. [read post]
2 Sep 2020, 5:00 am by Leonard Klingen
., 471 So. 2d 4, 5 (Fla. 1984) (“It is basic hornbook law that a contract which is not mutually enforceable is an illusory contract. [read post]
16 Mar 2018, 9:00 pm by clc-admin
Alta Surety Co. 1995 CarswellNS 31 the Nova Scotia Court of Appeal held (basically following the logic of the dissenting Justice Finlayson in the Timbro case) that a Pay When Paid clause should be interpreted as only being a payment timing mechanism during the project, and does not entitle the contractor to refuse payment to the subcontractor at the end of the job unless that interpretation is very clear to that effect. [read post]
23 Feb 2015, 5:52 am by Thomas G. Heintzman
Odyssey Construction Inc., the Court of Appeal held that such a claim is enforceable and is not barred by res judicata, merger or abuse of process. [read post]
20 Sep 2009, 11:07 pm
See, e.g., MBO Labs., Inc. v. [read post]
1 Apr 2022, 3:57 pm by Lawrence B. Ebert
The outcome: Genuine Enabling Technology LLC sued Nintendo Co., Ltd. and Nintendo of America, Inc. accusing five products of infringing certain claims of U.S. [read post]