An Owner Owes No Duty Of Care To A Subcontractor In A Bid Depository System
The Newfoundland and Labrador Court of Appeal has recently held that an owner does not owe a duty of care to a subcontractor arising from the normal operation of a bid depository system: Defence...
View ArticleDoes A Tender Give Rise To Liability For Negligent Misrepresentation Or Bad...
Can an informal tender process which is not part of a bid depository system give rise to liability for negligent misrepresentation? Can it give rise to liability for bad faith conduct? In Oz Optics...
View ArticleDoes An Interim Lender To A Construction Project Owe A Duty of Care?
Construction projects don’t often proceed without a lender. And often there is an interim lender which provides financing pending the advancement of funds by the final lender. In this circumstance, two...
View ArticleMay a Contractor Sue a Subcontractor When It Agreed With The Owner To Obtain...
One of the most difficult issues in Canadian construction law is the impact of insurance on claims between owners, contractors and subcontractors. There are two levels to the issue: What is the impact...
View ArticleSupreme Court Denies Leave In Tender Case – Refuses To Re-Write History
The Supreme Court of Canada has recently refused leave to appeal in Trevor Nicholas Construction Co. Ltd. v. Canada. In doing so, it has upheld the decisions of the Federal Court Trial Division and...
View ArticleThe Traps And Perils Of Limitation Of Liability Clauses
In Swift v. Eleven Eleven Architecture Inc., the Alberta Court of Appeal recently considered the impact and scope of a limitation of liability clause in a consultant’s contract between an owner and the...
View ArticleIs A Trustee Under Payment Bond Obliged To Advise Potential Beneficiaries Of...
The Alberta Court of Queen’s Bench recently considered an interesting issue relating to labour and material payment bonds. When a contractor requires a subcontractor to obtain such a bond, does the...
View ArticleDamage To The Rebar And The Deflection Of Floor Slabs Are Covered Under...
The extent of coverage under Builders’ Risk policies is a matter of continuing debate in Canada. Insurers try to draft policies which do not cover the poor workmanship of contractors, and contractors...
View ArticleCRA Entitled To Priority Over Subcontractors To Trust Funds In Owner’s Hands
The Manitoba Court of Queen’s Bench recently held that the Canadian Revenue Agency (CRA) has priority over subcontractors and the bonding company in respect of holdback funds held by the owner in trust...
View ArticleSupreme Court Finds Contractor Has A Duty To Tell Sub-Subcontractors About...
In a much anticipated decision, the Supreme Court of Canada has recently held that a contractor which is a trustee under a payment bond has an obligation to advise sub-contractors of the existence of...
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