Builder’s Risk Insurance: the Dangers of Misunderstanding the Covered Risks Covering risks by appropriate insurance is an essential element in planning a construction project. But what happens when the insured owner, its insurance agent and the insurance company have a different understanding of the risk? The British Columbia Court of Appeal recently addressed this issue […]Continue Reading →
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 […]Continue Reading →
Unjust Enrichment – Are the Services “Incontrovertibly Beneficial”? A recent decision of the Ontario Court of Appeal outside the field of construction law reminds us of the principles of Unjust Enrichment that apply to the payment for services provided to a construction project. Unless the services were requested by the defendant, payment can only be […]Continue Reading →
Building Contracts – Tenders – Bonds Today we will examine a recent decision of the Court of Appeal of Ontario which dealt with Tenders for construction contracts. In Bois A. Lachance Lumber Limited v. Conseil Scolaire Catholique de District des Grandes Rivieres, the tender documents required the bidders to obtain performance bonds “upon acceptance” of […]Continue Reading →
This website is intended to encourage discussion about recent developments in construction law in Canada.
The commentary in this website will relate to legislation and case law. Each item for discussion will be set out individually. The item will have a short description of the subject matter. Then, a lengthier discussion of the item will follow. The discussion is solely a matter of my personal view and opinion and does not constitute legal advice.
The discussion will generally follow the subjects addressed in my book: Heintzman & Goldsmith on Canadian Building Contracts (5th ed. Carswell). Reference to that text will be made from time to time as “CBC”, that is Canadian Building Contracts. However, a broader range of subjects will be addressed in this site than those addressed in CBC.
I welcome any views about the commentary in this website and hope that a dialogue will develop about the distinctive aspects of construction law in Canada.Continue Reading →
January 30, 2011 Limitation Period for Construction Project Claims This week I will examine a recent decision of the Court of Appeal for Ontario which has settled an important issue concerning the Limitation period for actions arising from construction projects. In Waterloo Region District School Board v. Truax Engineering Ltd, the Court confirmed that the limitation period for […]Continue Reading →
Construction Law Canada January 23, 2011 Inducing Breach of Contract – Building Contracts Today we examine the application of the tort of Inducing Breach of Contract to the field of Building Contracts. The New Brunswick Court of Appeal recently dealt with this tort in its decision in SAR Petroleum et al. v. Peace Hills Trust […]Continue Reading →
Today we will examine a recent decision of the Supreme Court of Canada relating to Insurance Law and the insurer’s Duty to Defend in the context of construction projects: Progressive Homes Ltd. v. Lombard General Insurance Co. of Canada. This case provided the Supreme Court with an opportunity to consider a contentious issue in Canadian […]Continue Reading →
Unjust Enrichment–Construction lien action: A supplier cannot assert an unjust enrichment claim against an owner, particularly if the contractor has asserted a construction lien claim. The contract between the owner and the contractor is a juristic reason for the unjust enrichment claim being disallowed, and the absence of any dealings between the owner and the […]Continue Reading →