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Jul
01
2011

Claim

Posted in Construction

When all is lost because a general and its directors and officers are insolvent, subs attempt to look to the owner for compensation. They invariably lose these actions (see newsletters of May 2003 and May 2008), but they keep trying. One such attempt is set out in Jones’ Masonry Ltd. v. Defence Construction (1951) Limited, a 2010 decision of the New Brunswick Court of Appeal.

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Jul
01
2011

Stat Dec #2

Posted in Construction

 A statutory declaration is a document that attests to the truth of facts under oath. Presumably, this means that recipients should be able to rely on it. The construction industry uses stat decs so that a payor can confirm that its payee has paid all of the payee’s debts relating to a project. We conjecture that stat decs are false more often than they are true. Let us elaborate.

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