Category: Construction
It is one of the most common scenarios in construction litigation: work has completed, the contractor has rendered its final bill and an owner refuses to pay on the basis that there were delays or that there are defects or deficiencies.
In my previous article, Discharging a Builders’ Lien on Posting of Security: How Much is Enough?, I discussed the two pronged approach by the courts when considering what is sufficient security to be posted in order for a party to be able to discharge a builders’ lien.
An important object of the Builders Lien Act is to assist those who contribute their work and materials to a construction project in being paid.
There are innumerable reasons that parties may find themselves co-owning real property with friends, family or business partners and just as many reasons why that co-ownership relationship may turn sour.
In even the most well-thought out construction contracts, there is almost always the need for parties to deviate in some way from the timelines and scope of work.
When a builders’ lien is filed, it can cause all manner of disruptions to financial, contractual and business relations
In my previous article, Builders Liens: Strict Compliance or Lose Your Lien, I explored how a family company lost its lien rights by making the mistake of pursuing its lien in the name of its principal rather than the company.
One of the frequent issues encountered in contractual litigation is parties failing to negotiate and set to writing the contractual obligations that exist between them.
Often times, parties will get to the edge of entering into contractual relations, but miss the steps required to form a contractual agreement.
As discussed in my previous article, Invitations to Tender: Why it is Important Both Bidders and Solicitors to Follow Proper Process, the solicitation of bids for public projects must follow a fair and transparent process.
Government and non-government actors that solicit bids for contractors for management or construction projects must follow a fair and transparent process for doing so.
Canadian Construction Documents Committee (“CCDC”) standard form contracts often govern the relationship between owners and general contractors for construction projects in Canada.