Dec 1, 2020
Liquidated damages, deposits and forfeiture clauses
Historically at common law in Canada, a liquidated damages clause will be treated as a penalty, and not enforced for public policy reasons, unless the amount is a “genuine pre-estimate” of damages that will actually be suffered.
Aug 1, 2020
Documentation is important, although low on the list when avoiding or defending a lawsuit. The first thing is, you don’t want one coming your way.
Apr 1, 2020
Contracts in the age of payment and adjudication processes
Prompt payment adjudication will allow construction disputes to be resolved, at least at first instance, through interim and binding determinations made in very tight timeframes.
Mar 2, 2020
Factors to consider in drafting contracts
When creating contracts, revisit the language to ensure the terms and conditions allocate risk and protect the company.
Feb 4, 2020
Creditor proceedings and bond claims
Pursuing the bond claim in the case of insovlencies.
Dec 3, 2019
Remedies and the insolvent debtor
There are options and remedies available to contractors and subcontractors who are owed monies by a corporation or person who appears to be insolvent.
Nov 15, 2019
What are you agreeing to in your winter contract?
Indemnity and hold harmless explained.
Nov 1, 2019
An insurance claim case study
Legal advice can help avoid potential issues and pitfalls when filing insurance claims.
Sep 18, 2019
A damage case study: Beware contract insurance provisions
Parties in a construction contract must read the insurance requirements carefully.