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26 Apr 2018, 7:39 am by Thomas G. Heintzman
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]
5 Apr 2018, 1:02 pm by Thomas G. Heintzman
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]
17 Mar 2018, 9:20 am by Thomas G. Heintzman
The Ontario Construction Lien Act, 2017 was given Royal Assent on December 12, 2017 as S.O. 2017 C.24. [read post]
12 Dec 2017, 1:44 pm by Thomas G. Heintzman
Khan, 2017 CarswellBC 2251, 2017 BCSC 1456 Building contract – illegality – breach of building bylaws – “blue pencil” test Thomas G. [read post]
30 Oct 2017, 8:52 am by Thomas G. Heintzman
., 2017 CarswellYukon 107, 2017 YKSC 51 Building Contracts – pay-when-paid clauses – Prompt Payment legislation Thomas G. [read post]
27 Sep 2017, 4:49 pm by Thomas G. Heintzman
On May 31, 2017, the Ontario Legislature gave first reading to Bill 142 which will enact the Construction Lien Amendment Act, 2017. [read post]
10 Sep 2017, 1:36 pm by Thomas G. Heintzman
On May 31, 2017, the Ontario Legislature gave first reading to Bill 142, which will enact the Construction Lien Amendment Act, 2017. [read post]
27 Aug 2017, 2:25 pm by Thomas G. Heintzman
The United Kingdom Supreme Court recently considered the question of whether the performance standard or the design standard prescribed in the contract took precedence. [read post]
22 Aug 2017, 1:29 pm by Thomas G. Heintzman
Boyko 2016 CarswellOnt 7332, 2016 ONSC 3016 Building contracts – construction and builders’ liens – unjust enrichment – juristic reason defence Thomas G. [read post]
6 Aug 2017, 8:28 am by Thomas G. Heintzman
Cassels Brock & Blackwell LLP, 2017 CarswellOnt 10114, 2017 ONCA 544 Building contract – assessment of damages – loss of a chance – negotiation of contract Thomas G. [read post]
23 Jul 2017, 6:51 am by Thomas G. Heintzman
This question seems very straightforward, but when the Arbitration Act provides several rights of appeal, depending on what the parties have or have not agreed upon, then which of those rights of appeal apply? [read post]
23 Jul 2017, 6:40 am by Thomas Heintzman
This question seems very straightforward, but when the Arbitration Act provides several rights of appeal, depending on what the parties have or have not agreed upon, then which of those rights of appeal apply? [read post]
17 Jul 2017, 5:14 am by Thomas Heintzman
British Columbia, 2017 CarswellBC 1648, 2017 SCC 32 Building contracts – arbitration – appeal of arbitral awards – questions of law and mixed fact and law Thomas G. [read post]
17 Jul 2017, 5:05 am by Thomas G. Heintzman
British Columbia, 2017 CarswellBC 1648, 2017 SCC 32 Building contracts – arbitration – appeal of arbitral awards – questions of law and mixed fact and law Thomas G. [read post]
12 Jul 2017, 4:50 am by Thomas G. Heintzman
Ellis-Don Construction Ltd., 2017 ONCA 518 Building contracts – dispute resolution clauses – arbitration – claim Thomas G. [read post]