Legal

The “plausible inference” test may have consequences for construction

It is well-established that a consultant acting as a contract administrator must be impartial and objective.

Ontario’s Bill 118 marks huge step in the right direction.

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.