One of the most difficult issues in Canadian construction law is the impact of insurance on claims between owners, contractors and subcontractors. There are two levels to the issue: What is the impact of a clause in the building contract by which one party agrees to obtain insurance? And what is the impact of the [...]

Construction projects don’t often proceed without a lender. And often there is an interim lender which provides financing pending the advancement of funds by the final lender. In this circumstance, two questions arise: First:  Does the interim lender owe a duty of care to the owner or purchaser of the project? Second:  If the interim [...]

Agents of contractors and subcontractors often play a role and assert rights during construction projects. This is because contractors often use agents to perform the work, and construction lien legislation recognizes their right to assert a lien for the improvement of the land. But agents of owners do not often assert rights under a building [...]

Courts do not often examine the authority of a Consultant on a construction project and the liability consequences if the Consultant oversteps its authority.  That issue was recently dealt with by the Queen’s Bench of Alberta in Online Constructors Ltd. v. Speers Construction Inc.  A golf club hired a contractor, Speers, to repair a dam [...]

Construction Lien Act-Date of last supply of services and materials-Consultant:  The supplier returned to site to install materials due to error in instructions from owner.  The time for filing lien ran from the date of that attendance. Certificate of completion issued by the owner, instead of a consultant, was ineffective to cut off the date [...]