In construction projects, there will often be several agreements between the various participants. Those agreements may contain “entire agreement” clauses to ensure that the parties are bound only by the terms of the agreement they sign. But could the entire agreement clause have the opposite effect if it refers to one of the other agreements? […]
Continue Reading →Can An Entire Agreements Clause Make A Party To An Agreement Also A Party To Another Agreement?
Posted by: Construction Law Canada
13
Apr
When Is An International Arbitration Award Enforceable Against A Non-Signatory To The Arbitration Agreement?
Posted by: Construction Law Canada
10
Nov
An important issue relating to enforcement of an arbitral award is whether the award can be enforced against a party who did not sign the arbitration agreement. If the arbitral tribunal sitting outside Canada finds that party to be a party to the arbitration agreement, even if that person did not sign the agreement, what […]
Continue Reading →Who Is A Successor To A Contract?
Posted by: Construction Law Canada
30
Mar
Most commercial agreements contain a clause stating that the contract is binding upon and for the benefit of “successors.” For example, Article 10.1 of the CCDC Cost Plus Contract states that the contract “shall enure to the benefit of and be binding on…successors”. What does the word “successors” mean? Who are “successors”? Do those who […]
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