Halsbury's Laws of Canada – Construction (2021 Reissue)
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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 (2021 Reissue) provides practitioners with the basic guidance that they will need to understand the fundamentals of the legal principles, issues and questions that arise in the course of building projects, especially those questions that fall outside their own fields of experience. Drawing on the expertise of Glaholt Bowles 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 governing construction activity in Canada.
Topics covered include:
- The nature of the building contract
- Parties, forms and types of contracts and project delivery methods
- Offer and acceptance
- Terms, formalities and interpretation
- Remedies for breach
- Law of tendering
- Issues of contracts and torts
- Reprisal clauses
- Letters of intent
Performance and payment
- Duty to complete the work
- Substantial performance and conditions precedent
- Time for completion and delay
- Liquidated damages
- Obligations of the owner
- Payment, access, interference, permits and drawings
- Extra work, including extras in specific contracts and authorization
- 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
- Determined by contract
- Time of payment
- Prompt payment in Ontario
- Purpose and nature of construction 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 commercial general liability insurance
- Construction trusts
- Alternative dispute resolution
Architects and engineers
- Statutory and common law framework
- Qualification and professional conduct
- Special contractual issues
- Intellectual property issues
- Damages against architects and engineers
Government construction contracts
- Federal and provincial government contracts
- Inter-provincial agreements
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 Bowles LLP, who wrote the initial draft of Chapter V, Architects and Engineers.
Table of contents
I. Building Contracts
V. Architects and Engineers
VI. Government Construction Contracts
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