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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
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
2
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
3
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
4
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
5
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
6
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
7
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
8
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
9
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
10
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
11
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
12
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
13
Termination Problems: When Can You Walk Away From A Contract?
Construction projects don't always go as planned.
Canada
28 Dec 2017
14
Case Summary: Larizza v. The Royal Bank Of Nova Scotia
In July 2012, Rosenberg convinced Larizza to sell her house, quit her job and move in with him.
Canada
18 Dec 2017
15
Unilaterally Amending Payment Terms By Conduct Alone…Nice Try!
As a contractor, you might find yourself in a situation where the method for calculating payment originally agreed to in the contract becomes unworkable with the actual project scope or existing work-site conditions.
Canada
13 Dec 2017
16
Municipal Law; Development Permit; Services; Statutory Interpretation ~ With Counsel Comments
The Appellant, Osman Auction Inc., purchased a parcel of land on which to run its vehicle auction business. The site was already subdivided and properly zoned, but not serviced "to urban standards".
Canada
15 Nov 2017
17
Vermilion & District Housing Foundation v Binder Construction Limited
The Alberta Court of Queen's Bench holds surety liable under a performance bond for consequential damages suffered by an obligee as result of defaulting contractor.
Canada
7 Nov 2017
18
Time Is Tickin' — Limitation Periods And Your Lien
You've registered a lien; now what? You have to preserve (and prove) your lien. The Builders' Lien Act is rife with limitation periods, many of which, if missed, could jeopardize your lien.
Canada
26 Sep 2017
19
Tips & Traps – Partial Payment From The 10% Holdback
Setting the lien fund can be a complicated and drawn out process. As a subcontractor lienholder, you may find you are standing idly by for payment while the owner and the GC fight amongst themselves.
Canada
16 Aug 2017
20
"A Rose By Any Other Name? Not So!": The Critical Role Of "Improvement" In The Builders' Lien Act
Do you know if the nature of your construction work on a project allows you to register a valid builders' lien?
Canada
16 Aug 2017
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