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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]
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]
28 May 2017, 6:32 am by Thomas G. Heintzman
See Heintzman and Goldsmith on Canadian Building Contracts, 5th ed. chapter 15 Building Contracts – Payment Bonds – Fiduciary Duties – Notice of Existence of Bond Thomas G. [read post]
3 May 2017, 8:29 am by Thomas G. Heintzman
On April 30, 2016, a Report was delivered to the Ontario Government proposing amendments to the Ontario Construction Lien Act. [read post]
18 Apr 2017, 11:42 am by Thomas G. Heintzman
The limitation periods which apply to construction claims are difficult to sort out at the best of times. [read post]
10 Apr 2017, 10:03 am by Thomas G. Heintzman
On March 22, 2017, a new International Commercial Arbitration Act, 2017 came into force in Ontario (the 2017 ICAA). [read post]
20 Feb 2017, 5:36 pm by Thomas G. Heintzman
The Manitoba Court of Queen’s Bench recently held that the Canadian Revenue Agency (CRA) has priority over subcontractors and the bonding company in respect of holdback funds held by the owner in trust for the contractor. [read post]