Consequential Consequences: Contractually Excluding Damages for Lost Profits

Clauses that exclude or limit the recovery of consequential or indirect damages are common in construction, services and other commercial contracts. These clauses can play an important role in risk allocation.  This is particularly so in situations where a small breach of contract by one party can result in very significant consequential damages (such as […] Read More

Contractor Know Thyself: If you don’t, you may lose your lien

Builders’ liens are “creatures of statute”. A builders’ lien is a new right created by lien legislation that would not otherwise exist at common law.  As such, a lien claimant must bring itself strictly within the statutory framework in order to take advantage of these statutory rights. Justice Khullar’s recent Advantage Custom Homes Inv. v. […] Read More
January 23, 2018

Fatal Errors: The small mistakes that can have a big impact on your lien claim

The scenario is a fairly common one: a contractor doesn’t get paid, and then proceeds to register a lien on a project, only to later discover a mistake in the Statement of Lien. It could be a typo in the name of the Owner; or it could be a failure to properly identify the interest […] Read More

Termination Problems: when can you walk away from a contract?

Construction projects don’t always go as planned. Delays, add-ons, and changes to plans are common. Parties can sue when losses occur. When this happens, the contract itself is the key guide to the parties’ obligations. However, sometimes things go very wrong. There are times when matters go so far sideways that one of the  parties […] Read More
December 21, 2017