Legal Blog:
Notice (2)
We have discussed the necessity of giving notice before a claimant may claim for extras or damages (see newsletter of July 2012). Almost, invariably, prime contracts and subcontracts demand notice and a claimant who ignores those contracts often pays a steep price for doing so. On the flip side, what happens when, say, a general claims the right to backcharge a sub for deficiencies? Can the general simply correct the deficiencies without allowing the sub an opportunity to correct them? This question was discussed in Rocksolid v. Bertolissi, a 2013 Ontario Superior Court decision.
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People make decisions based on assumptions as to fact and law. Later, they may realise that their assumptions were wrong and may want to reverse the decisions they made. Such was the case inĀ Bibico Electric Inc. v. Battlefield Electrical Services Inc., a 2012 decision of the Ontario Court of Appeal.
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