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Goodmans Publications

Construction Law Update Summer 2003

July-2-2003

Lawyer Joseph Cosentino
Area Construction Law

Summary

The construction industry is one of Canada's largest and one of the industries by which our economy is measured. From heavy equipment manufacturers to suppliers, from subcontractors and general contractors to owners and developers, changes in the industry can have a dramatic effect on day-to-day business.

The Goodmans Construction Law Update keeps you abreast of recent legal developments as well as industry trends.

In this issue:

Canadian Transit Co. v. Girdhar

This recent Ontario case addresses an interesting issue with respect to the relationship between engineers and their clients - specifically an engineer's obligation to keep information that has been given to it private from the legal relationship that may exist or develop between it and the client.

Mediation: An Overview

This article discusses Toronto's mandatory mediation project and its advantages and disadvantages as well as provisions in the Construction Lien Act that provide for a form of alternate dispute resolution.

Falling Down on the Job...

Approximately, 100 lost time fall from height accidents occur everyday in Canada - about 26,000 per year and over 100 of the accidents are fatal. The construction industry is responsible for approximately 20% of these accidents. This article examines how the employer can potentially avoid liability before an accident occurs by taking "every precaution reasonable".

Workplace Accident Checklist

A checklist of key steps to take when an accident occurs.

Privity of Contract and Breach of Trust Claims Under the Construction Lien Act

A recent Ontario case shows that contractors and subcontractors who become involved in trust actions must examine contractual relationship and privity of contract issues to better determine potential breach of trust ramifications.

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