Last week I reviewed the decision of the Alberta court of Appeal in Ledcor Construction Ltd. v. Northbridge Indemnity Insurance. In that decision, the Alberta Court of Appeal held that damage done by one contractor to the work of another was not recoverable under a Builders’ Risk policy because it fell within the exclusion for […]
Continue Reading →What Damage Due To Faulty Workmanship Is Excluded From A Builders’ Risk Policy?
Posted by: Construction Law Canada
When Is Faulty Workmanship Excluded From A Builders’ Risk Policy?
Posted by: Construction Law Canada
One of the most difficult issues in construction law is the proper interpretation of an exclusion for faulty workmanship in a Builders’ Risk policy. The amounts in issue can be huge and if the exclusion applies, the absence of insurance can be serious. Take for example the recent Alberta decisions in Ledcor Construction Limited v […]
Continue Reading →Eight Rules of Tender Law Pronounced By The Ontario Court Of Appeal
Posted by: Construction Law Canada
In Rankin Construction Inc. v. Ontario, the Ontario Court of Appeal recently made a number of significant rulings in a tender case. While the rulings were based upon the specific wording of the tender in that case, they were made in the context of a major Ontario highway tender and appear to have wider application. […]
Continue Reading →The Traps And Perils Of Limitation Of Liability Clauses
Posted by: Construction Law Canada
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 […]
Continue Reading →Can Silence Amount To A Fraudulent Misrepresentation?
Posted by: Construction Law Canada
The Ontario Court of Appeal recently dealt with the issue of what sort of representations amount to fraud, and what representations survive an “entire agreements” clause. In Iatomasi v. Conciatori, the Court of Appeal held that when, during the pre-contractual negotiations for the sale of a building , a vendor delivers plans to a purchaser, […]
Continue Reading →Tercon Contractors? The Latest Chapter
Posted by: Construction Law Canada
The 2010 decision of the Supreme Court of Canada in Tercon Contractors Ltd v. British Columbia (Transportation and Highways) is one of the most important recent Canadian decisions relating to contract law. It has particular importance to building contracts. Those interested in construction law are watching to see how Tercon will be applied in subsequent […]
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