Searching Content indexed under Construction & Planning by Gowling WLG ordered by Published Date Descending.
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Do Approved Inspectors Owe A Duty Under S.1(1) Of The Defective Premises Act 1972 In The Exercise Of Their Building Control Functions?
Continuing in our series on the implications following the Grenfell Tower disaster, we consider the Court of Appeal judgment in The Lessees and Management Company of Herons Court v NHBC Building
16 Aug 2019
Electric Vehicle Charging Points: Every Home Should Have One
On 15th July 2019, almost unnoticed amid the sound and fury of the Conservative leadership contest, the Department for Transport issued a public consultation on proposals
16 Aug 2019
Amendments To The Construction Act
The Authorized Nominating Authority ("ANA") under amendments to the Construction Act ("Act") coming into force for contracts entered into or procured after October 1, 2019 has been designated to ADR Chambers Inc.
30 Jul 2019
Bonding With The Queen Over Construction Projects
Construction liens are arguably the most useful legal tool to ensure that contractors and workers are paid. Arising from the moment services and/or materials are provided to a construction project
26 Jul 2019
Ensure Your Contracts Reflect Your Intention – Say What You Mean (And What Might Happen If You Don't)
The decision in Network Rail Infrastructure Ltd v ABC Electrification Ltd [2019] is a clear example of the courts' approach to contractual interpretation, focusing primarily on one clause of the contract.
22 Jul 2019
Can A Company In A CVA Refer A Dispute To Adjudication?
In January 2019, we reported on the Court of Appeal judgment on the two conjoined appeals of Bresco Services Ltd v Michael J Lonsdale (Electrical) Ltd and Cannon Corporate Ltd v Primus Build Ltd.
11 Jun 2019
Can A Town And Village Green Application Impede Development Of Land Identified For "Potential Development"?
The Court of Appeal (CA) has recently upheld the High Court's decision, in Wiltshire Council & Others v Cooper Estates Strategic Land Ltd, to reject the designation of land as a Town and Village Green (TVG). The CA reviewed the facts in detail and arrived at the conclusion that the land had 'potential' for development and therefore met the criteria for one of the 'trigger events' contained within the Commons Act 2006.
7 Jun 2019
Can A Threat To Take A Lawful Act Give Rise To Economic Duress?
Where one party to a contract (A) exerts illegitimate pressure on another (B) such that B has no practical alternative but to accede to A's demands ...
7 Jun 2019
Prompt Payment In Canada: Recent Developments
Since our original article on prompt payment reforms across Canada was published in May 2018, there have been several developments across the country ...
30 May 2019
Sooner Than You Think: Getting Ready For Prompt Payment In Ontario
The construction industry is about the change. On October 1, 2019, the prompt payment and adjudication amendments to the Construction Act will become law.
28 May 2019
Further Amendments To The Construction Act And Regulations
Otto von Bismarck is supposed to have said that laws are like sausages-it will be better for your peace of mind if you don't watch them being made.
9 May 2019
Bill 66 Becomes Law, Changing Overtime And Union Representation Of Some Employees In Construction
Since its election last year, Ontario's conservative government has undertaken a number of revisions to the province's labour and employment laws.
17 Apr 2019
10 Proptech Predictions For 2019
The Proptech sector was predicted to have received US$4.6billion worth of funding in 2018.
17 Apr 2019
Latest Court Of Appeal Decision On Practical Completion - Key Points
In 2018, we reported on the Technology and Construction Court judgment (TCC) in Mears Ltd v (1) Costplan Services (South East) Ltd (2) Plymouth (Notte Street) Ltd and (3) J.R. Pickstock Ltd
17 Apr 2019
Termination And The Inapplicable Liquidated Damages Clause
Until the recent Court of Appeal judgment in Triple Point Technology Inc v PTT Public Company Ltd, the generally held view was that in delay cases where the contract works ...
9 Apr 2019
The Basics: Limitation & Commencing Proceedings - How Long Do I Have To Make A Claim?
While parties are encouraged to take pre-action steps to resolve their disputes without recourse to the courts (and many are able to).
3 Apr 2019
Insurers: Heightened Risk Of Non-Party Costs Orders - What You Need To Know
In Various Claimants v Giambrone & Law (a firm) and others [2019], a non-party costs order has been made against insurers, even though those insurers had largely ceded control over the defence to certain insureds.
26 Mar 2019
Construction Professionals Take The Rap For Australian Cladding Fire
Australia's Victorian Civil and Administrative Tribunal has found that the contractor who built the "Lacrosse apartments" is liable to pay damages to the owners of the apartments for the damage caused by a cladding fire which occurred in 2014.
18 Mar 2019
Latest Payment Decision: Compliance With Immediate Payment Obligations Is (Almost Always) Required Before A True Value Adjudication
Following the important decisions in Grove last year, we review the latest judgment on payment and adjudications from the Technology and Construction Court (the TCC) in M Davenport Builders
4 Mar 2019
Builders' Supplies Limited Target Of Cross-Border Acquisition
On Feb. 7, 2019, US-based Foundation Building Materials, Inc. (NYSE: FBM) announced its cross-border acquisition of Builders' Supplies Limited of Mississauga, Ontario.
22 Feb 2019
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