Iona Contractors Ltd. v. Guarantee Company of North America: Court Issues Significant Ruling on Construction Trusts March 14, 2016 Andrew Heal In a few short words in its ruling on Iona Contractors Ltd. v. Guarantee Company of North America, a majority of the Alberta Court of Appeal defined a legal issue that had divided that appellate court. In the result, a statutory construction trust did matter – to the tune of about $1 million. The case should matter to construction lawyers across Canada too.
Bhasin v. Hrynew: Good faith and duty of honesty in contractual performance October 15, 2015 Damon Stoddard Damon Stoddard, of Heal & Co. LLP, looks at a landmark 2014 decision from the Supreme Court of Canada, which holds that that there is a general organizing principle of good faith governing the common law of contract in Canada.
Faulty Workmanship and Exclusions from a Builder’s Risk Policy: the Acciona and Ledcor Decisions October 15, 2015 Firas Ayoub Firas Ayoub of Heal & Co. LLP looks at the conflicting conclusions of two recent court decisions examining important fault exclusion clauses in “course of construction” or “builder’s risk” insurance policies.
Report on the CBA September 2014 conference: Building for the future! October 01, 2014 Andrew Heal In September 2014, more than 100 leading practitioners of construction and infrastructure law met in downtown Toronto for a biennial conference devoted to delivering informative and engaging PD program to CBA members.
Condominium developers and recent changes to Saskatchewan's condominium legislation October 01, 2014 Ahmed Malik In June 2014, the government of Saskatchewan introduced important amendments to The Condominium Property Act, 1993 and to The Condominium Property Regulations, 2001.
Risk Allocation: The use of "pay when paid" clauses in the construction industry October 01, 2014 Michael Malecki When you do your job you expect to get paid. Unfortunately, in the construction industry this is not always what happens, writes Michael Malecki, who takes a look in this paper at the use of "pay when paid" clauses in the construction industry.
Message from the Chair February 01, 2014 Matthew Hayes CBA National Construction Law Section Chair Matthew Hayes of McInnes Cooper in New Brunswick outlines some of the highlights for the coming year, including the National Construction Law Conference, Building for the Future, taking place in Toronto.
Does one size fit all? Optimal construction project delivery February 01, 2014 Collin Hirschfeld The main construction project models have their advantages and disadvantages, depending on the project. Collin Hirschfeld of McKercher LLP takes a look at what they have to offer.
Managing risk: Common pitfalls and misapprehensions in construction contracts February 01, 2014 David K. Plunkett and Romany K. Benham-Parker One of the primary functions of a construction contract is to allocate risk between the parties. The problem that often arises is that the parties do not properly understand their risk and assume significant exposure, write the authors.