Legal

New rules push for greater reuse.

Historically at common law in Canada, a liquidated damages clause will be treated as a penalty, and not enforced for public policy reasons, unless the amount is a “genuine pre-estimate” of damages that will actually be suffered.

Documentation is important, although low on the list when avoiding or defending a lawsuit. The first thing is, you don’t want one coming your way.

Prompt payment adjudication will allow construction disputes to be resolved, at least at first instance, through interim and binding determinations made in very tight timeframes.

When creating contracts, revisit the language to ensure the terms and conditions allocate risk and protect the company.

Pursuing the bond claim in the case of insovlencies.

There are options and remedies available to contractors and subcontractors who are owed monies by a corporation or person who appears to be insolvent.

Indemnity and hold harmless explained.

Legal advice can help avoid potential issues and pitfalls when filing insurance claims.

Parties in a construction contract must read the insurance requirements carefully.