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 architects on a building project. The court arrived at three important conclusions. First, the clause did not apply to and did not […]

Two recurring issues in construction law are the authority of agents and liquidated damages. The agency issue is this:  if the principal is to be made liable on a contract made by the agent, must the principal, and not the agent, be the one that promotes the agent’s authority? The damage issue is this:  can […]