Do Something! Labour and Material Payment Bonds should be disclosed to claimants

Labour and Material Payment (“L&M”) Bonds are commonly issued in the construction industry to ensure that subcontractors and suppliers working on construction projects get paid. L&M bonds also protect the “obligee”, as named in the bond, from work stoppages and liens being registered. Basically, these bonds contain enforceable promises by a third party, the “surety”, […] Read More
February 16, 2018

Claims for Extra Work and Back Charges: A Tale of Two Trades

A claim for “extras” – a claim for payment work done outside the scope of a contract – is one of the most common issues giving rise to disputes on construction projects. Perhaps equally as common are disputes arising from “back charges” levied by one party against another lower down the contractual chain. In the […] Read More
February 12, 2018

You may have to keep your promises

Some people are good for their word.  Others are not.  Depending on the circumstances, a promise you make may not be legally enforceable.  However, in the words of the outgoing Chief Justice of the Supreme Court of Canada in the recent judgment in Cowper-Smith v Morgan, 2017 SCC 61, equity enforces promises that the law […] Read More