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Construction law is complex and multi-faceted. While it draws on questions of law familiar to most practitioners, such as those relating to contracts and torts, it is a varied area that involves a host of specialized issues and a myriad of unique challenges.
Halsbury's Construction (2013 Reissue) volume provides practitioners with the basic guidance that they will need to understand the fundamentals of legal principles, issues and questions which arise in the course of building projects - especially those questions which fall outside their own fields of experience. Drawing on the expertise of Glaholt LLP - one of Canada's leading and most respected construction law firms - this important title is an essential reference for anyone seeking guidance on the legal framework which governs construction activity in Canada.
Topics covered include:
Building contracts
- The nature of the building contract
- The various kinds of contracts
- Forms of contracts and parties
- Terms, formalities and interpretation
- Subcontractors' relationship to general contractors
- Remedies for breach
- Federal, provincial and municipal government contracts
- Inter-provincial agreements
- Law of tendering
- Issues of contracts and torts
- Damages
- Letters of intent
- Project delivery methods
- Payment
Performance and payment issues
- Duty to complete the work
- Substantial performance and conditions precedent
- Time for completion
- Delay and liquidated damages for delay
- Obligations of the owner
- Payment, access, interference, permits and drawings
- Extras in specific contracts
- Authorization of extra work, waiver of authorization and other issues
- Design, workmanship and materials
- Defective work, defective materials and acceptance
- Non-completion and termination
- Frustration, termination, repudiation and rescission
- Building codes, building permits and negligent inspection
- Payment certificates
- Remuneration and time of payment
Construction liens
- Purpose and nature of builder's liens
- Constitutional Issues and statutory schemes
- The Lien claimant and the lienable Interest
- Holdbacks , enforcement and expiry of the lien
- Vacating lien by posting security
- General priority of liens, mortgages and wage earners
Other construction remedies
- Claims in contracts and torts
- Quantum Meruit, and other heads of damages
- Concurrent liability in contract and tort
- Negligence, nuisance, trespass and the rule in Rylands v. Fletcher
- Surety bonds
- Builder's risk insurance and general liability exclusion
- Construction trusts
- Alternative dispute resolution
Architects and engineers
- Statute and common law framework
- Qualification and professional conduct
- Special contractual issues
- Duties of the architect or engineer
- Intellectual property issues
- Payment of architects and engineers
- Damages
And much more.
Special Features
- Enhanced content
- A general table of contents to the level of chapter headings
- A detailed table of contents to the level of clause headings
- Detailed sectional contents set out within the commentary for each chapter and section
- References and abbreviations - An alphabetical listing of special references and abbreviations used in the volume, with an explanation of their meaning
- Selected secondary sources - Setting out selected texts, articles, and other secondary sources pertaining to the subject that the reader may find to be relevant and helpful
- Glossary of definitions - Identifying words and phrases defined in legislation governing testate and intestate succession, and providing the text of the definition in each jurisdiction for easy reference. A valuable "quick reference" in a field marked by a wide variety of statutes promulgated across many jurisdictions
Duncan W. Glaholt & Markus Rotterdam
Duncan W. Glaholt practices at the Toronto firm of Glaholt LLP in the area of construction law, construction claims, insurance and surety bond litigation. In addition to his practice as an advocate, Duncan sits as a private mediator and arbitrator of construction and related disputes. He is a member of the Chartered Institute of Arbitrators and co-author of the annually published Annotated Construction Lien Act , now in its eleventh edition (2006, Carswell). He has authored Construction Trusts (Carswell, 1998), Canada's first and only text on this remedy, and Conduct of a Lien Action (2004, Carswell). Duncan is also a co-author of the recently published Bristow, Glaholt, Reynolds and Wise edition of Construction, Builders' and Mechanics' Liens in Canada, 7th Edition (2005).
Duncan is a Founding Fellow of the Canadian College of Construction Lawyers and has recently become President of that organization. Duncan has been listed by the Canadian Legal LEXPERT Directory as a leading practitioner in the Construction Law area who is "most frequently recommended" to LEXPERT's editors, and as one of the LEXPERT/American Lawyer Media's "Leading 500 Lawyers in Canada " in the field of construction law in each year of that listing. Duncan is a frequent speaker at professional and industry conferences and is certified by the Law Society of Upper Canada as a specialist in construction law.
Markus Rotterdam is an experienced and respected legal researcher who has co-authored numerous published articles and presentations with Duncan Glaholt. After graduating from law school at Ruhr-Universität Bochum in Germany in 1994, where he worked as a research associate at the Institute for International Law of Peace and Armed Conflict, Markus received an LL.M. from Osgoode Hall Law School in 1997. Markus holds an Academy Certificate from the Hague Academy of International Law, The Netherlands (1992).
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