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Searching Content by Corbin Devlin from McLennan Ross LLP ordered by Published Date Descending.
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1
Trends In Prompt Payment Legislation
There is a trend across Canada in establishing regimes to provide prompt payment to contractors and subcontractors for construction work performed and a regime to resolve disputes
Canada
6 Sep 2019
2
The Path To An Appeal Of An Arbitration Award May Not Be So Straightforward
It is a relatively straight forward and well understood concept that at the outset of parties entering into a contract for services, they may choose to have any dispute that arises to be dealt with by alternative dispute...
Canada
8 Jul 2019
3
Red Flags That Your Lien Rights May Be Worthless
In some circumstances, builders' lien rights are worthless. Contractors are well advised to look out for these circumstances before entering a contract, and seek alternate security for payment
Canada
4 Jul 2019
4
Municipal Reserve Lands – Validity Of Lien Disputed Post-Payment Of Security
Have you wondered whether you can dispute the validity of a lien after alternate security has been paid into Court? The Court of Queen's Bench recently confirmed that municipal and/or school reserve
Canada
21 Jun 2019
5
Lien Holdbacks And Deficiency Holdbacks
The legislation specifies when the holdback must be retained, but it does not specify when the holdback must be released.
Canada
31 Jan 2019
6
Certificate Of Substantial Performance Limits Lien Rights Even Without Posting
There was conflicting evidence if and when the CSP was posted in accordance with the requirements of the Builders' Lien Act.
Canada
31 Jan 2019
7
Statutory Trust For The Benefit Of Subcontractors
A lesser known provision of the Alberta Builders' Lien Act creates a trust fund in favour of subcontractors.
Canada
2 Sep 2018
8
CSPs Clarified
One of the more common misconceptions regarding a Certificate of Substantial Completion (CSP) is that it triggers the deadline for lien registration.
Canada
13 Apr 2018
9
Progressive Holdback Tricks And Traps
There are a few tricks and traps associated with the progressive release of builders' lien holdbacks
Canada
19 Jan 2018
10
Are Engineering Services Lienable?
Not every person who performs a service in relation to a construction project is entitled to a builders' lien.
Canada
2 Aug 2017
11
Construction Holdback Requirements – Not For Dummies
Statutory construction holdback requirements can be remarkably tricky to interpret, presenting challenges for both novice and experienced players in the construction industry.
Canada
6 Feb 2017
12
Lien Pitfall – Transfers Of Land
When a transfer of title takes place, it is possible that builders' lien claimants automatically lose their builders' lien rights. This is another Builders' Lien Act trap for the unwary.
Canada
10 Jan 2017
13
Towards A More Relaxed Interpretation Of The Builders' Lien Act
A few recent cases from Alberta Masters show a trend towards a less strict interpretation of lien deadlines and requirements. In particular...
Canada
11 Nov 2016
14
General Contractor vs. Construction Manager - What's In A Name
Very often, the difference between a general contractor (GC) and a construction manager (CM) is not what we believe it to be.
Canada
10 Nov 2016
15
General Contractor vs. Construction Manager - What's In A Name
Very often, the difference between a general contractor (GC) and a construction manager (CM) is not what we believe it to be.
Canada
1 Nov 2016
16
Towards A More Relaxed Interpretation Of The Builders' Lien Act
A few recent cases from Alberta Masters show a trend towards a less strict interpretation of lien deadlines and requirements.
Canada
26 Oct 2016
17
Five Reasons To Read The Dispute Resolution Clause In Your Construction Contract
Dispute resolution clauses are rarely the subject of negotiation. In my view, they are badly overlooked.
Canada
21 Oct 2016
18
General Contractor vs. Construction Manager - What's In A Name
Very often, the difference between a general contractor (GC) and a construction manager (CM) is not what we believe it to be.
Canada
19 Oct 2016
19
Lien Pitfall – Liening The Wrong Interest
The most common example of this error is the lien against the owner's title (fee simple) in relation to work performed at the request of a tenant.
Canada
15 Sep 2016
20
Compromising On Consequential Damages
The potential loss to the owner if something goes wrong during construction (e.g. business interruption, loss of production…) is often far greater than the cost of construction.
Canada
20 Jun 2016
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