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Legal Blog:
Jan
01
2000
Trust – Setoff
In our newsletter of November 1996, we reported on two cases in which a contractor had not held its trust monies in a separate trust account. In each case, the contractor was not allowed to claim setoff against a subcontractor’s claim that there was a breach of the trust fund provisions of the Construction Lien Act. The issue has arisen again – this time involving Bradsil (1967) Ltd., one of our favorite litigants, after Bird of course. Bradsil is currently involved in an action with Nortown Electrical Contractors Associates.
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01
2000
Bird – Shot Again
Some people just cannot win. Bird Construction was sued by a Winnipeg condominium corporation for construction work that had been completed well over 20 years ago. It seems that the cladding was falling off the building. The Condominium decided that this presented a safety risk and spent a substantial amount of money to fix the problem.
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