Yearly Archives: 2013

B.C. Supreme Court affirms no third party claim lies where negligence claimed is attributable to the plaintiff

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. …

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‘If-paid’ and ‘when-paid’ not finding favour with courts

 

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 …

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Disclosure in multi-party litigation

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 …

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The new Limitation Act: some key issues for construction disputes

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 …

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Good paper trail can derail legal claim

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 …

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Strategies mitigate risks

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 …

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Ten things to know about the new Insurance Act

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 …

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Supreme Court of Canada provides guidance on limited clauses

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.…

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