Alexander Holburn

Supreme Court of Canada provides guidance on “faulty workmanship” exclusions in all-risk insurance policies

On September 15, 2016, the Supreme Court of Canada issued its highly-anticipated decision in Ledcor Construction Limited v. Northbridge Indemnity Insurance Company (“Ledcor”),[1] which provides important guidance on the interpretation and application of standard “faulty workmanship” exclusions …

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Is there a labour and material payment bond on my project?: Why it’s always wise to ask

Many owners, particularly large corporations or public entities, require contractors to provide a labour and material payment bond to ensure that sub-trades are paid and (hopefully) avoid protracted payment disputes. A typical labour and material bond creates a tri-partite relationship …

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Double security for lien claimants?: The Stuart Olson decision

On September 18, 2015, the Supreme Court of Canada issued reasons for judgment in Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel, 2015 SCC 43. While in many respects the decision simply confirmed the remedies available to …

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The first line of defence? Course of construction insurance and tort immunity

On most construction projects involving multiple contractors and sub-contractors, it is common for the owner or general contractor to obtain course of construction insurance (also known as “builder’s risk” insurance) to provide repair or replacement coverage for damage to the …

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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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