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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:
- Parties, forms and types of contracts and project delivery methods
- Offer and acceptance
- Terms, formalities and interpretation
- Remedies for breach
- Issues of contracts and torts
- Reprisal clauses
- Letters of intent
Performance and payment
- Substantial performance and conditions precedent
- Time for completion and delay
- Liquidated damages
- Payment, access, interference, permits and drawings
- Frustration, termination, repudiation and rescission
- Determined by contract
- Time of payment
- Prompt payment in Ontario
Other construction remedies
- Quantum Meruit and other heads of damages
- Concurrent liability in contract and tort
- Negligence, nuisance, trespass and the rule in Rylands v. Fletcher
Architects and engineers
Government construction contracts
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.