Affirming an Owner’s Right to Rely on a Privilege Clause: Surespan Construction Ltd. v. Saskatchewan

In the recent decision of Surespan Construction Ltd. v. Saskatchewan, 2017 SKQB 55, the Saskatchewan Court of Queen’s Bench dismissed a summary judgment application brought by the Plaintiff, Surespan Construction Ltd., against the Saskatchewan Ministry of Highways and Transportation …

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Beware the Subsequent Contract

A contractor is hired to renovate a bathroom, enters into a written contract, completes the work and is paid.  A month later, the client calls back and asks for some minor work in a second bathroom.  An engineer enters into …

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Missing the Forest for the Trees in Construction Contract Review

Construction contracts are often daunting stacks of paper. It is not uncommon for even basic standard form agreements to include fifty plus pages of general conditions, plus appendices, schedules and other attachments.

In reviewing such contracts, where does one start …

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Sanctity of Contracts Trumps Court’s Sympathy for Delay in Bringing Claim: Thom v. Laird Custom Homes Ltd.

In the recent decision of Thom v. Laird Custom Homes Ltd., 2017 BCSC 1577, the BC Supreme Court upheld the dismissal of an application by the Plaintiffs, Graham and Michel Thom, to add Hearth Architectural Inc. as a defendant to …

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Clearing the Air Around Air Space Rights

A recent B.C. case has addressed the legal issues surrounding tower cranes and their infringement upon neighboring land. If followed, the case may significantly redefine the discussions between developers and adjacent owners over airspace rights.

The law in Canada is …

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Legal Basics of Procurement – Part 2 (Duty of Good Faith)

The following article discusses the differences between traditional tendering contracts and request for proposals (or RFPs), in relation to the duty of good faith.

1. What is an invitation to tender?

The formative Canadian decision on the tendering process and …

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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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Setting sufficient security: Builders lien case note

In the recent decision of Buckle v. Timberview Developments Ltd., 2016 BCSC 1301, Justice Williams considered a petition by Steve Buckle (and his numbered company) to have a lien discharged from the title of a property in Whistler …

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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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The right to build: A Prima Facie Right

In the recent decision of Turney v. Langley (Township), 2016 BCSC 1099, Chief Justice Hinkson ruled on a building permit dispute between a landowner, Albert James Turney, and the Township of Langley. Mr. Turney purchased a 7.5-acre property in the …

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