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Searching Content indexed under Contracts and Commercial Law by McLennan Ross LLP ordered by Published Date Descending.
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1
Contract Strategy
Selecting the right construction contract model for a particular project can be the difference between harmony and discord among project participants,
Canada
22 Aug 2019
2
You Have An Indemnity Clause, But Are You Still Exposed?
Indemnification in law is a means by which one party agrees to shoulder the monetary costs, either directly or by reimbursement, for losses of another party. In commercial agreements
Canada
16 May 2019
3
Streamlining Contractual Disputes With An Expert
Palpable errors are those which are so obvious that they can easily been seen or known; readily or plainly seen.
Canada
13 Feb 2019
4
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
5
Quick Auto And The Principle Of Unconscionability
Many business people are familiar with the basic requirements of an enforceable contract; clear offer and acceptance, some form of value given ...
Canada
11 Oct 2018
6
Email Communication And Formation Of Contract
Electronic communication continues to grow and, by most observations, it is becoming indispensable in our social discourse
Canada
20 Aug 2018
7
Security For Judgment In Alberta
Commercial litigation is almost invariably expensive and time consuming. No one should embark on commencing a lawsuit for financial damages ...
Canada
6 Jul 2018
8
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
9
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
10
Unlicensed Contractor Given Stiff Penalties For Not Following Regulations
The heart of the matter centered on licensing requirements for prepaid contractors.
Canada
15 Aug 2017
11
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
12
Lien Pitfall – Transfers Of Land
When a transfer of title takes place, it is possible that builders' lien claimants automatically lose their builders' lien rights. This is another Builders' Lien Act trap for the unwary.
Canada
10 Jan 2017
13
Unable To Pay Rent? Your Options As A Commercial Tenant
In this challenging economic climate many commercial tenants are finding it increasingly difficult to continue to pay their monthly rent obligations.
Canada
10 Nov 2016
14
General Contractor vs. Construction Manager - What's In A Name
Very often, the difference between a general contractor (GC) and a construction manager (CM) is not what we believe it to be.
Canada
10 Nov 2016
15
General Contractor vs. Construction Manager - What's In A Name
Very often, the difference between a general contractor (GC) and a construction manager (CM) is not what we believe it to be.
Canada
1 Nov 2016
16
Five Reasons To Read The Dispute Resolution Clause In Your Construction Contract
Dispute resolution clauses are rarely the subject of negotiation. In my view, they are badly overlooked.
Canada
21 Oct 2016
17
General Contractor vs. Construction Manager - What's In A Name
Very often, the difference between a general contractor (GC) and a construction manager (CM) is not what we believe it to be.
Canada
19 Oct 2016
18
Compromising On Consequential Damages
The potential loss to the owner if something goes wrong during construction (e.g. business interruption, loss of production…) is often far greater than the cost of construction.
Canada
20 Jun 2016
19
General Contractor Vs. Construction Manager - What's In A Name
Very often, the difference between a general contractor (GC) and a construction manager (CM) is not what we believe it to be.
Canada
1 Jun 2016
20
Indemnity Clause "Red Flags"
In most construction contracts, there is nothing more tricky than the indemnity clause. Indemnities don't come into play on most projects (but when they do, it is because something has gone badly wrong.)
Canada
26 Jan 2016
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