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May
01
2009

Over Budget

Posted in Construction

A tender call invariably carries the customary privilege clause (i.e. the owner need not accept the lowest or any tender). The latter condition allows the owner to shut down the prospective project if the tenders are over budget. Regardless of that clause, are there circumstances in which the owner or its generals may still be liable for breach of the tendering contract? This question is discussed in two 2008 Ontario Superior Court of Justice cases: G & S Electric Ltd. v. Devlan Construction Ltd. and Aloia Bros Concrete Contractors Ltd. v. Richmond Hill.

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May
01
2009

Wrong Remedy

Posted in Collections

Creditors have various remedies in their collection arsenal. Sometimes, however, they use the wrong one and fire blanks. This was the case in Re Assaf Estate, a 2008 decision of the Ontario Superior Court of Justice. 

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