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Contract Terms Canada Construction Industry

Bennett Jones LLP

Protecting Privilege on Construction Projects

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Construction projects are often complex and involve many different parties and moving parts. This often necessitates a continued investigation of facts and assessment of legal rights and obligations to ensure that the owner...more

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Prompt Payment Update—Ontario Superior Court Confirms Adjudicator's Decision Is Not Final

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The enactment of prompt payment and fast-track adjudication legislation across Canada has created some uncertainty regarding the finality of an adjudicator's decision. In the recent decision of the Ontario Superior Court of...more

Venable LLP

Construction Industry Concerns Resulting from Dangerous Air Infiltrating into New York Region

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The New York region has experienced some of the worst air quality in the world as a result of the recent Canadian wildfires that continue to rage out of control, something weather forecasters believe will become more common...more

Bennett Jones LLP

Words Matter, Even When Absent: B.C. Appeal Court Confirms Unlimited Insurance for Construction Mitigation

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The British Columbia Court of Appeal recently held that a professional liability insurance policy provided potentially unlimited coverage, at least in respect of one area of coverage. In Surespan Structures Ltd. v Lloyds...more

Carlton Fields

Court Confirms Arbitration Award as Not in Manifest Disregard of the Law

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Metso Minerals Canada Inc. and Metso Minerals Industries Inc. entered into a contract with ArcelorMittal Exploitation Miniere Canada and ArcelorMittal Canada Inc. to supply a specialized mill to a mining mill that...more

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Prompt Payment for Construction in Ontario

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Prompt payment arrived for Ontario's construction industry October 1, 2019. The final stage of implementation of the changes introduced the Construction Lien Amendment Act, 2017, came into force on October 1, 2019. Subject to...more

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Incorporation of Arbitration Clauses by Reference: A Cautionary Tale

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The British Columbia Supreme Court in MRC Total Build Ltd. v F&M Installations Ltd., 2019 BCSC 765 [MRC Total Build] recently considered an application by a general contractor to stay proceedings commenced by a subcontractor...more

Dickinson Wright

Summary of Amendments to Construction Lien Act

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In December 2017, the Ontario Legislature passed the Construction Lien Amendment Act, 2017 (the "Act"). The Act introduces significant changes to Ontario’s construction lien regime and is intended to reduce delays in...more

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Planning for Construction Success

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Key Contractual Considerations for Owners - Regardless of project size or scope, a comprehensive and tailor-made written construction contract provides the foundation for success. At a project's outset, it is also...more

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