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17 Aug 2015, 7:41 am
When a contractor goes bankrupt and the bonding company pays the subcontractors, who is entitled to the holdback funds in the owner’s hands: the contractor’s trustee in bankruptcy or the bonding company? [read post]
20 May 2013, 1:48 pm
The last article about the decision of the Superior Court of Ontario in Envoy Relocation Services Inc. v. [read post]
1 May 2016, 8:24 am
The courts of British Columbia have recently wrestled with the question whether they can review the award of an arbitrator dealing with the exercise of an option. [read post]
31 May 2013, 11:28 am
The last two articles have dealt with the recent decision of the Ontario Superior Court of Justice in Envoy Relocation Services Inc. v. [read post]
13 Apr 2016, 6:07 am
In a recent English decision, the court held that the commencement of an arbitration by the claimant could also amounted to the commencement of the arbitration of any counterclaim. [read post]
8 Mar 2015, 7:39 am
What is the appropriate remedy when a contractor fails to build the building in accordance with the specifications but the deficiencies are not proven to affect the market value of the property? [read post]
1 Sep 2020, 2:53 pm
In O.C., the Florida Supreme Court invalidated a statute that enhanced penalties "[u]pon a finding by the court at sentencing that the defendant is a member of a criminal street gang" because the stat [read post]
10 Nov 2013, 12:22 pm
An important issue relating to enforcement of an arbitral award is whether the award can be enforced against a party who did not sign the arbitration agreement. [read post]
13 Jun 2012, 2:21 pm
Can a contractor bring several claims against the owner arising from the same building contract? [read post]
1 Oct 2018, 9:00 am
Just in the post as of today’s writing, Owner of O.C. [read post]
15 Sep 2022, 4:00 am
Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. [read post]
3 May 2017, 8:29 am
On April 30, 2016, a Report was delivered to the Ontario Government proposing amendments to the Ontario Construction Lien Act. [read post]
6 Aug 2013, 8:00 am
Canadian courts will generally over-rule a decision of a domestic arbitral tribunal only if the decision is “unreasonable. [read post]
6 Jun 2017, 2:24 pm
Arbitrators are mortal. [read post]
1 Apr 2015, 1:42 pm
One of the most difficult issues in construction law is the proper interpretation of an exclusion for faulty workmanship in a Builders’ Risk policy. [read post]
25 Apr 2018, 9:00 pm
In a much anticipated decision, the Supreme Court of Canada has recently held that a contractor which is a trustee under a payment bond has an obligation to advise sub-contractors of the existence of the bond applicable to the project. [read post]
26 Apr 2018, 7:39 am
In a much anticipated decision, the Supreme Court of Canada has recently held that a contractor which is a trustee under a payment bond has an obligation to advise sub-contractors of the existence of the bond applicable to the project. [read post]
4 Apr 2018, 9:00 pm
In A v B, [2017] EWHC 3417 (Comm), the High Court of Justice of England and Wales has recently held that an arbitrator in an arbitration commenced by a single request to arbitrate did not have jurisdiction to decide disputes under multiple arbitration agreements. [read post]
10 Sep 2017, 1:36 pm
On May 31, 2017, the Ontario Legislature gave first reading to Bill 142, which will enact the Construction Lien Amendment Act, 2017. [read post]
26 Sep 2017, 9:00 pm
On May 31, 2017, the Ontario Legislature gave first reading to Bill 142 which will enact the Construction Lien Amendment Act, 2017. [read post]
