Letters of credit are occasionally used in construction contracts to secure the performance of a contractor’s obligations to the owner.
They are instruments created at the request of a customer (i.e.… Read More
A “termination for convenience” clause is the big, red, ejector seat button that allows a party, typically an owner, to exit its contractual relationship. The presence of such a clause… Read More
In the recent decision of Interpaving Ltd. v. The City of Greater Sudbury (2018 ONSC 3005), the Ontario Superior Court of Justice Divisional Court reaffirmed the right of a public… Read More
On February 15, 2018 the Supreme Court of Canada released its decision in Valard Construction v. Bird Construction. The Court found that in certain circumstances, a trustee has an obligation to… Read More
Ontario has recently conducted an extensive review of its Construction Lien Act, which generated a number of recommendations for updating and modernizing the statute. The Ontario efforts left many in… Read More
What rights do subcontractors, bonding companies and owners have to project funds when a general contractor is insolvent?
A recent 2017 decision from the Manitoba Court of Queen’s Bench (Manitoba Housing… Read More
Does a general contractor have a duty to proactively disclose to subcontractors and suppliers that there is a labour and materials payment bond through which they may benefit? A recent case… Read More
As the saying goes, “The road to success is always under construction.” Inevitably in the construction business one dispute or another will arise – no matter whether you’re an owner,… Read More
