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Searching Content indexed under Real Estate and Construction by McLennan Ross LLP ordered by Published Date Descending.
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1
New Government's Commitment To ‘Eliminating Red Tape' Extended To Condominium Legislation
The Condominium Property Regulation, Alberta Regulation 168/2000 (the "Regulation") is one of the supplementary documents to Alberta's Condominium Property
Canada
7 Aug 2019
2
The Path To An Appeal Of An Arbitration Award May Not Be So Straightforward
It is a relatively straight forward and well understood concept that at the outset of parties entering into a contract for services, they may choose to have any dispute that arises to be dealt with by alternative dispute...
Canada
8 Jul 2019
3
Red Flags That Your Lien Rights May Be Worthless
In some circumstances, builders' lien rights are worthless. Contractors are well advised to look out for these circumstances before entering a contract, and seek alternate security for payment
Canada
4 Jul 2019
4
Municipal Reserve Lands – Validity Of Lien Disputed Post-Payment Of Security
Have you wondered whether you can dispute the validity of a lien after alternate security has been paid into Court? The Court of Queen's Bench recently confirmed that municipal and/or school reserve
Canada
21 Jun 2019
5
Lien Holdbacks And Deficiency Holdbacks
The legislation specifies when the holdback must be retained, but it does not specify when the holdback must be released.
Canada
31 Jan 2019
6
Certificate Of Substantial Performance Limits Lien Rights Even Without Posting
There was conflicting evidence if and when the CSP was posted in accordance with the requirements of the Builders' Lien Act.
Canada
31 Jan 2019
7
Lien Rights – When The Developer Doesn't Have An Interest In The Land
In an earlier article, we warned of the risk of loss of lien rights if a transfer of land occurs during construction. A 2018 court decision reminds us that there is also a risk of loss ...
Canada
9 Jan 2019
8
Property Damage Not Peril Under Multi-Peril Insurance Policy
Recently, Alberta's Court of Queen's Bench held a multi-peril contract of insurance did not cover damage sustained to the structural integrity of a parkade.
Canada
11 Oct 2018
9
Statutory Trust For The Benefit Of Subcontractors
A lesser known provision of the Alberta Builders' Lien Act creates a trust fund in favour of subcontractors.
Canada
2 Sep 2018
10
CSPs Clarified
One of the more common misconceptions regarding a Certificate of Substantial Completion (CSP) is that it triggers the deadline for lien registration.
Canada
13 Apr 2018
11
Supreme Court Of Canada Releases Decision On Labour And Material Bonds
The Supreme Court of Canada released a decision last Thursday (Valard Construction Ltd. v. Bird Construction Company) which imposes a new obligation on an owner or general contractor of a construction project ...
Canada
22 Feb 2018
12
Who Gets The Farm?
While disputes regarding estate succession in the farming context are common throughout Alberta, reported decisions are less plentiful, given that most matters settle prior to a hearing.
Canada
21 Feb 2018
13
Introduction To The Builders' Lien Holdback
Many of us have heard of a construction holdback, and may have even experienced the standard 10% deduction from outstanding accounts in relation to the holdback.
Canada
16 Feb 2018
14
Changes To The Human Rights Act And The Impact On Age-Restricted Condominiums
On January 1, 2018, the Human Rights Act (Alberta) (the "Act") was amended, in part, to put age discrimination protections in place as it relates to apartments and condominiums.
Canada
12 Feb 2018
15
Progressive Holdback Tricks And Traps
There are a few tricks and traps associated with the progressive release of builders' lien holdbacks
Canada
19 Jan 2018
16
Youth At Large: Determining Curfews In The NWT
An issue for many smaller municipalities and urban areas throughout North America is whether or not to impose a curfew on youth.
Canada
7 Nov 2017
17
Are Engineering Services Lienable?
Not every person who performs a service in relation to a construction project is entitled to a builders' lien.
Canada
2 Aug 2017
18
What Happens To Real Property Upon Death?
When two or more people own real property together, ownership of that property can take the form of either tenancy in common or joint tenancy.
Canada
2 May 2017
19
Labour And Material Bond Claimants May Gain Further Rights
In Canada, the law imposes an obligation upon owners and general contractors named as "trustee" in a labour and material payment bond ("L&M bond") to provide a copy of the L&M bond upon request by a potential claimant.
Canada
31 Mar 2017
20
Fair Warning To Contractors – The Fair Trading Act's Requirements Apply To Construction Contracts
The recent Provincial Court of Alberta decision, R. v. 1587915 Alberta Inc. ("1587915"), is a stark reminder of the Alberta Fair Trading Act's (the "FTA") application to construction contracts...
Canada
21 Feb 2017
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