Thomas G. Heintzman, O.C., Q.C., FCIArb

Tenders in Construction Projects – Which Limitation Period Applies?

What is the limitation period for the commencement of an action arising from a tender in a construction project? If the owner is a municipality or other public body, does a limitation period in its incorporating legislation apply to the tender?  These were the questions recently faced by the Prince Edward Island Court of Appeal […]

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Jagosky v. Huntsville

This decision was upheld by the Ontario Court of Appeal on April 26, 2011: Jagosky v. Huntsville (Town), 2011 ONCA 324 (CanLII)  http://bit.ly/kIB5Sz

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When Does The Limitation Period Start For A Negligent Construction Claim?

An addition to my April 17, 2011 article on the start of a limitation period for a negligent construction claim has been made due to a  recent decision by the Ontario Superior Court of Justice. The principle in the Timminco case was recently adopted and applied by the Ontario Superior Court of Justice in Jagosky […]

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Can A Construction Lien Be Based On A Pre-Incorporation Contract?

Construction Lien Claims  –  Pre-Incorporation Contracts What happens when a pre-incorporation construction contract is made in the name of a company which does not do the work, and then the construction lien is filed in the name of the company that was later incorporated and did the work?  That was the situation faced by the […]

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A Builders Lien Does Not Apply To The Lease Of An Airport

The British Columbia Court of Appeal recently considered the constitutional limits of the Builders Lien Act of that province.  In Vancouver International Airport Authority v. British Columbia, the Court held that the Act did not apply to the leasehold interest of the Vancouver International Airport Authority.  The Court drew the constitutional boundary based upon the […]

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When Does the Limitation Period Start For A Negligent Construction Claim?

When Does the Limitation Period Start For A Negligent Construction Claim? The law of Limitations creates a difficult question for those involved in construction projects: When does the limitation period begin for a claim in negligence arising from a construction project?   In Timminco Ltd. v. ABB Industrial Systems Inc., an Ontario judge recently held that […]

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What Happens When a Party Refuses to Arbitrate?

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 […]

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Who Knew That Mary Carter Was Involved In Construction Law?

In Aecon Buildings v. Stephenson Engineering Limited, the Ontario Court of Appeal recently dismissed a construction law claim because a Mary Carter agreement was not immediately disclosed. A Mary Carter agreement is a settlement agreement between a plaintiff and defendant in which the defendant remains an active party to the litigation and the claim also […]

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Does A Breach of Fiduciary Duty Fall Within an Arbitration Clause?

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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