Does The CCDC Dispute Resolution Clause Require Arbitration?
Most building contracts contain dispute resolution clauses which refer to arbitration. A dispute resolution clause can be mandatory – it can require arbitration – or
Most building contracts contain dispute resolution clauses which refer to arbitration. A dispute resolution clause can be mandatory – it can require arbitration – or
The Ontario Superior Court recently decided two important issues relating to construction liens. In Wellington Plumbing & Heating Ltd. v. Villa Nicolini Incorporated, the court
Most standard form building contracts provide for the incorporation of the main contract into the subcontract. For instance, GC 3.7.1 of the CCDC 2 Stipulated
A difficult issue that may arise between contractors and subcontractors is the nature of their contractual relationship. Are they: independent contractors; or partners; or joint
The process by which subcontractors’ tenders are accepted in a bid depository is fundamental to the efficacy of that system. If that process does not
The Newfoundland and Labrador Court of Appeal has recently held that an owner does not owe a duty of care to a subcontractor arising from
Construction Law – Building Contract – “Pay When Paid” The Ontario Superior court recently wrestled with the issue of how to interpret and apply a
In a judgment delivered on May 6, 2011, Chief Justice Joseph P. Kennedy of the Nova Scotia Supreme Court dealt with a contentious issue relating