In a judgment delivered on May 6, 2011, Chief Justice Joseph P. Kennedy of the Nova Scotia Supreme Court dealt with a contentious issue relating to arbitration clauses in construction contracts. Is an arbitration clause in the main contract between the owner and the contractor incorporated into a subcontract between the contractor and subcontractor? If […]
Continue Reading →Is A Subcontractor Bound By The Arbitration Clause in the Main Contract?
Posted by: Construction Law Canada
15
May
What Happens When a Party Refuses to Arbitrate?
Posted by: Construction Law Canada
10
Apr
A construction lawyer must keep track of the general law of contract and arbitration. In turn, many construction cases have settled fundamental principles of the general law. The recent decision of the UK Supreme Court in Dallah Real Estate and Tourism Holding Company v. The Ministry of Religious Affairs, Government of Pakistan is a case […]
Continue Reading →Does A Breach of Fiduciary Duty Fall Within an Arbitration Clause?
Posted by: Construction Law Canada
27
Mar
In the recent decision, St. Pierre v. Chriscan Enterprises Ltd., the British Columbia Court of Appeal considered whether a claim by an owner against the project manager for breach of fiduciary duty fell within the wording of the arbitration clause in the project management agreement. The arbitration clause stated that disagreements “as to the interpretation […]
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