Much ado about costs
Overview On December 19, 2023, the Superior Court released its Reasons for Costs Decision in Alfa Mechanical Inc. v Chang, 2023 ONSC 7167, in respect of a plaintiff’s motion for default judgment pursuant to Ontario’s Construction Act.[1] This decision summarizes […]
Liquidated damages clauses: What you should know
In the past, you have likely entered into a contract that contained a liquidated damages clause. These are prevalent in construction and general commercial agreements. Liquidated damages and penalty clauses Liquidated damages (or stipulated damages) clauses are estimates made at […]
Subcontractor and unjust enrichment – Use it or lose it
Imagine, if you will, that you are a subcontractor who provided services or materials in respect of a construction project and are still owed monies for your work. You could use the statutory mechanism of construction liens, pursuant to the […]
