Halsbury's Laws of Canada – Construction (2025 Reissue)

This title provides practitioners with the basic guidance needed to understand the fundamentals of the legal principles, issues and questions that arise in the course of building projects, especially those questions that fall outside the scope of their own fields of experience. 

Publication Language: English

Published: August 14, 2025

Publisher: LexisNexis Canada

Product Format Details Qty
Book
$345.00
In Stock ISBN: 9780433536437
Hardcover | 562 pages

 

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Construction law is complex and multi-faceted. While it draws on areas of law familiar to most practitioners, such as contracts and torts, it involves a host of specialized issues and presents a myriad of unique challenges.

Halsbury's Laws of Canada – Construction provides practitioners with the basic guidance needed to understand the fundamentals of the legal principles, issues and questions that arise in the course of building projects, especially those questions that fall outside the scope of their own fields of experience. Drawing on the expertise of Andrea Lee and Markus Rotterdam from Glaholt Bowles LLP – one of Canada's leading and most respected construction law firms – this title is an essential reference for anyone seeking guidance on the legal framework governing construction activity in Canada.

Topics addressed include:

Building contracts

  • The nature of the building contract
    • Parties, forms and types of contracts
    • Project delivery methods
    • Offer and acceptance
    • Terms, formalities and interpretation
  • Tendering
    • Privilege clauses
    • Damages
    • Reprisal clauses
    • Judicial review of government procurement
  • Letters of intent
  • Subcontractors

Performance and payment

  • Contractor's duty to complete the work
    • Conditions precedent and substantial performance
    • Time for completion
    • Delay
    • Liquidated damages
    • Disruption
    • Acceleration
  • Obligations of the owner
    • Payment, access, interference, permits and drawings
  • Extra work
    • Scope, errors in performance and failure to perform
    • Extras in specific contracts, authorization and work done under protest
  • Obligations in respect of design, workmanship and materials
  • Defective work, defective materials and acceptance
  • Non-completion and termination
    • Frustration, termination, repudiation and rescission
  • Building codes, building permits and negligent inspection
  • Payment certificates
  • Remuneration

Construction liens

  • Purpose and nature of construction liens
  • Constitutional issues
  • The lien claimant and the lienable Interest
  • Holdbacks, enforcement and expiry of liens
  • Vacating lien by posting security
  • General priority of liens, mortgages and wage earners

Other construction remedies

  • Claims on the contract
    • Quantum Meruit and other heads of damages
  • Claims in tort
    • Negligence, nuisance, trespass and non-natural use
  • Surety bonds
  • Builder's risk insurance, commercial general liability insurance and default insurance
  • Construction trusts
  • Prompt payment and adjudication
  • Alternative dispute resolution

Architects and engineers

  • Statutory and common law framework
  • Qualification and professional conduct
  • Special contractual issues
  • Duties
  • Intellectual property issues
  • Payment
  • Damages against architects and engineers

And much more.

View the table of contents

I. Building Contracts

II. Performance

III. Payment

IV. Remedies

V. Architects and Engineers

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