In Sun Life Assurance Company of Canada v. 482147 B.C. Ltd. Justice Butler considered an application to dismiss third party claims in a construction context on the basis that the claims were properly raised only as defences against the plaintiff. …Keep reading
Yearly Archives: 2013
If you are in the construction industry, you will have heard of the “pay-when-paid” clause and its evil twin, the “pay if paid” clause. Though widely used, these clauses remain controversial and are often confused.
While both of these …Keep reading
Construction disputes often give rise to lengthy litigation, involving many defendants with varying interests. Some defendants may wish to defend the action in court, while others may want to negotiate a settlement.
In order to facilitate the partial settlement of …Keep reading
Overview of the new Limitation Act
The new Limitation Act came into force on June 1st, 2013. The new Act contains a number of substantive changes from the existing regime. Highlighted below are four key changes that are likely …Keep reading
The very thought of being involved in a lawsuit sends a chill down the spine of most.
Unfortunately, if you are involved in construction, you are likely to eventually find yourself in a lawsuit no matter how careful or reasonable …Keep reading
After several lacklustre years, the construction world in B.C. is heating up again.With more work comes more risk. The promise of greater returns will be illusory unless those risks are properly managed and contained. Fortunately,there are some basic riskmanagement strategies that are sure …Keep reading
Construction is a risky business. Having the right insurance in place is therefore essential for everybody engaged in the process.
It is also critical that you understand the basic operation of your insurance policies and have some understanding of the …Keep reading
A limitation clause places a limit on the amount that can be claimed for a breach of contract, regardless of the actual loss. Although such clauses are found in many standard contracts, courts have traditionally been reluctant to enforce them.…Keep reading