We have a significant body of law dealing with tender and contract formation. We also have a significant body of law dealing with claims for extras. What happens when the law of contract formation and tender meets the law dealing … Continue reading
In order to hold a director or officer liable for a corporation’s breach of trust, the beneficiary of the trust must prove, under section 13(1) of the Construction Lien Act, that the director “assents to, or acquiesces in, conduct that … Continue reading
Can an otherwise valid contract be set aside and, if so, for what reasons? There are always nuances, but, in general, the law does not countenance unconscionable agreements, agreements without consideration, or agreements procured by economic duress. Economic duress was … Continue reading
When all is lost because a general and its directors and officers are insolvent, subs attempt to look to the owner for compensation. They invariably lose these actions (see newsletters of May 2003 and May 2008), but they keep trying. … Continue reading
A statutory declaration is a document that attests to the truth of facts under oath. Presumably, this means that recipients should be able to rely on it. The construction industry uses stat decs so that a payor can confirm that … Continue reading
Non-lawyers seem to believe that technicalities will sway the ultimate result in a court action. Although this may once have been the case, it is extremely rare now. Judges want to see a result that is just; if there is … Continue reading
No, this is not a commercial. It is a refrain that subcontractors often hear, though not necessarily in the context of safety. When a general’s representative directs a sub to do something that the sub feels is unsafe, but does … Continue reading
The race goes to the swiftest or, if not the swiftest, at least to the person out of the gates the fastest. Section 7(3) of the Construction Lien Act creates a trust for, among other things, money in the hands of … Continue reading
Lawyers have to tread a fine line on the evidence they adduce at trial. Evidence that deals with an issue on which a client’s case is extremely weak can waste time, cost money, and upset the judge. However, if no … Continue reading
Non-lawyers seem to believe that technicalities will sway the ultimate result in a court action. Although this may once have been the case, it is extremely rare now. Judges want to see a result that is just; if there is … Continue reading