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Searching Content indexed under Real Estate and Construction by Field LLP ordered by Published Date Descending.
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1
Keeping Your Hands Lien: Don't Forget A CLP!
Builders' liens are an important tool for contractors, subcontractors and suppliers when collecting unpaid invoices on a project.
Canada
17 Jul 2018
2
Case Summary: Capelet v. Brookfield Homes
A Plaintiff's claims for psychological and physical injury arising from the discovery of mould in his home (which had been rectified within a few months) ten years in the past were summarily dismissed.
Canada
16 Jul 2018
3
Consequential Consequences: Contractually Excluding Damages For Lost Profits
Clauses that exclude or limit the recovery of consequential or indirect damages are common in construction, services and other commercial contracts. These clauses can play an important role in risk allocation.
Canada
6 Jul 2018
4
Case Comment On Mcallister v. Calgary
In the McAllister v. Calgary, 2018 ABQB 480 Madame Justice Kubik of the Court of Queen's Bench found the City of Calgary liable under the Occupiers Liability Act for injuries suffered by the Plaintiff Kyle McAllister...
Canada
6 Jul 2018
5
Extra! Extra! How Do Subcontractor Change Orders Affect The Lien Fund? It Depends…
More often than not, contractors and subcontractors perform extra work on construction projects over and above the scope of work contemplated by a fixed price contract.
Canada
25 Jun 2018
6
Definitive Deference: How Courts Treat Consultants' Decisions
(May 22, 2018, 8:55 AM EDT) -- The consultant's role on a construction project is important and includes interpreting the underlying construction contract, certifying work as sufficiently complete ...
Canada
29 May 2018
7
Case Summary: Core Ventures Inc v Trio Chute Inc (Aluminum Planet)
Where the lease specifies that the Landlord is obligated to take out fire insurance, the tenant is presumed to generally from the insurance proceeds (even where the fire is caused by the tenant's negligence) ...
Canada
17 May 2018
8
Case Summary: Stefanyk v Sobeys Capital Incorporated
A tenant of a shopping centre may be an "occupier" of a sidewalk in front of its leased premises in some circumstances, or owe visitors a common law duty of care regarding same ...
Canada
17 May 2018
9
A Reference To Deference – The Court Weighs In On A Consultant's Findings
The consultant plays an important role in any construction project.
Canada
6 Apr 2018
10
A Reference To Deference – The Court Weighs In On A Consultant's Findings
The consultant plays an important role in any construction project.
Canada
5 Apr 2018
11
Contractor Know Thyself: If You Don't, You May Lose Your Lien
As such, a lien claimant must bring itself strictly within the statutory framework in order to take advantage of these statutory rights.
Canada
9 Mar 2018
12
Case Summary: Valard Construction Ltd. V Bird Construction Co.
Supreme Court of Canada finds obligee/trustee under a Labour and Material Payment Bond breached the fiduciary duty owed to a claimant by failing to disclose existence of the Bond.
Canada
2 Mar 2018
13
Case Summary: Stefanyk v Stevens
A tenant was found to be an "occupier" of its premises and potentially liable when a dog lunged at a party on the adjacent sidewalk, causing her to fall on the basis of allegedly having allowed....
Canada
28 Feb 2018
14
When Calculating Lien Periods, It's Convenient To Be Prevenient
Under section 41 of the Builders' Lien Act (the "BLA") a lien must be registered within 45 days (or 90 days for an oil or gas well or well site) after the last day services or materials are furnished.
Canada
23 Feb 2018
15
Mitigate Before You Litigate: Recovering Damages For Renovations Gone Wrong
The Court will not always resolve a construction contract dispute against a contractor who clearly provided deficient work.
Canada
23 Feb 2018
16
Do Something! Labour And Material Payment Bonds Should Be Disclosed To Claimants
Labour and Material Payment ("L&M") Bonds are commonly issued in the construction industry to ensure that subcontractors and suppliers working on construction projects get paid.
Canada
19 Feb 2018
17
Claims For Extra Work And Back Charges: A Tale Of Two Trades
A claim for "extras" – a claim for payment work done outside the scope of a contract – is one of the most common issues giving rise to disputes on construction projects.
Canada
13 Feb 2018
18
Understanding Limitations of Liability: Recent Alberta and Canadian Case Law
Contractual liability limitations are a means of managing risk in construction contracts. Depending on the type of project, the type of possible damages ...
Canada
7 Feb 2018
19
Contractor Know Thyself: If You Don't, You May Lose Your Lien
A builders' lien is a new right created by lien legislation that would not otherwise exist at common law.
Canada
24 Jan 2018
20
Fatal Errors: The Small Mistakes That Can Have A Big Impact On Your Lien Claim
The scenario is a fairly common one: a contractor doesn't get paid, and then proceeds to register a lien on a project, only to later discover a mistake in the Statement of Lien.
Canada
5 Jan 2018
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