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Halsbury's Laws of Canada – Construction (2017 Reissue)

This 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.
Publication Language: English
Book
$300.00
Quantity
In Stock
Published:
ISBN/ISSN: 9780433491682

Product details

Begin updating your law library today!

$135* per volume (ISBN: 9780433454946) OR purchase individual volumes at $300 each.

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*Per volume with commitment to purchase the entire 74-volume set.

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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 (2017 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

  • Statutory 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.

The authors wish to recognize the significant contribution made by Andrea W.K. Lee, LL.B., B. Arch., MRAIC, a partner at Glaholt LLP, who wrote the initial draft of Chapter V, Architects and Engineers.

Featured authors

Table of contents

I. BUILDING CONTRACTS 
  1. Preliminary Considerations
  2. Parties, Forms and Types of Contract
  3. Offer and Acceptance
  4. The Law of Tendering
  5. Letters of Intent
  6. Formalities and Terms
  7. Subcontractors
II. PERFORMANCE
  1. Contractor's Duty to Complete the Work
  2. Obligations of the Owner
  3. Extra Work and Variations
  4. Obligations as to Design, Workmanship and Materials
  5. Defective Work, Defective Materials and Acceptance
  6. Non-completion and Termination
  7. Building Control
III. PAYMENT
  1. Certificates
  2. Remuneration
IV. REMEDIES
  1. Claims on the Contract
  2. Claims in Tort
  3. Surety Bonds
  4. Insurance
  5. Liens
  6. Trusts
  7. Alternative Dispute Resolution
V. ARCHITECTS AND ENGINEERS
  1. Statute and Common Law
  2. Definitions
  3. Qualification
  4. Professional Conduct
  5. Contract
  6. Duties of the Architect or Engineer
  7. Copyright and Use of Documents
  8. Payment of Architects and Engineers
  9. Damages Against Architects and Engineers
VI. GOVERNMENT CONSTRUCTION CONTRACTS
  1. Federal Government Contracts
  2. Provincial Government Contracts
  3. Inter-Provincial Agreements
  4. Municipalities