Halsbury's Laws of Canada - Construction (2013 Reissue)

Publisher: LexisNexis Canada
Format::  Book, 2
ISBN:: 9780433474043


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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 (2013 Reissue) volume provides practitioners with the basic guidance that they will need to understand the fundamentals of legal principles, issues and questions which arise in the course of building projects - especially those questions which fall outside their own fields of experience. Drawing on the expertise of Glaholt 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 which governs construction activity in Canada.

Topics covered include:

Building contracts

Performance and payment issues

Construction liens

Other construction remedies

Architects and engineers

And much more.

Special Features

Table of Contents

  1. Preliminary Considerations
  2. Parties, Forms and Types of Contract
  3. Offer and Acceptance
  4. The Law of Tendering
  5. Letters of Intent
  6. Formalities and Terms
  7. Subcontractors
  1. Contractor's Duty to Complete the Work
  2. Obligations of the Owner
  3. Extra Work and Variations
  4. Obligations as to Design, Workmanship and Materials
  5. Defective Work, Defective Materials and Acceptance
  6. Non-completion and Termination
  7. Building Control
  1. Certificates
  2. Remuneration
  1. Claims on the Contract
  2. Claims in Tort
  3. Surety Bonds
  4. Insurance
  5. Liens
  6. Trusts
  7. Alternative Dispute Resolution
  1. Statute and Common Law
  2. Definitions
  3. Qualification
  4. Professional Conduct
  5. Contract
  6. Duties of the Architect or Engineer
  7. Copyright and Use of Documents
  8. Payment of Architects and Engineers
  9. Damages Against Architects and Engineers
  1. Federal Government Contracts
  2. Provincial Government Contracts
  3. Inter-Provincial Agreements
  4. Municipalities


Duncan W. Glaholt & Markus Rotterdam

Duncan W. Glaholt practices at the Toronto firm of Glaholt LLP in the area of construction law, construction claims, insurance and surety bond litigation. In addition to his practice as an advocate, Duncan sits as a private mediator and arbitrator of construction and related disputes. He is a member of the Chartered Institute of Arbitrators and co-author of the annually published Annotated Construction Lien Act , now in its eleventh edition (2006, Carswell). He has authored Construction Trusts (Carswell, 1998), Canada's first and only text on this remedy, and Conduct of a Lien Action (2004, Carswell). Duncan is also a co-author of the recently published Bristow, Glaholt, Reynolds and Wise edition of Construction, Builders' and Mechanics' Liens in Canada, 7th Edition (2005).

Duncan is a Founding Fellow of the Canadian College of Construction Lawyers and has recently become President of that organization. Duncan has been listed by the Canadian Legal LEXPERT Directory as a leading practitioner in the Construction Law area who is "most frequently recommended" to LEXPERT's editors, and as one of the LEXPERT/American Lawyer Media's "Leading 500 Lawyers in Canada " in the field of construction law in each year of that listing. Duncan is a frequent speaker at professional and industry conferences and is certified by the Law Society of Upper Canada as a specialist in construction law.

Markus Rotterdam is an experienced and respected legal researcher who has co-authored numerous published articles and presentations with Duncan Glaholt. After graduating from law school at Ruhr-Universit├Ąt Bochum in Germany in 1994, where he worked as a research associate at the Institute for International Law of Peace and Armed Conflict, Markus received an LL.M. from Osgoode Hall Law School in 1997. Markus holds an Academy Certificate from the Hague Academy of International Law, The Netherlands (1992).

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