Searching Content indexed under Contracts and Commercial Law by Gowling WLG ordered by Published Date Descending.
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Are My Works Construction Operations?
Whether a contract is classified as a "construction contract" is an important issue for those involved in the building industry.
21 Oct 2019
The Court Of Appeal Considers Milestone Payments In Construction Contracts And The Requirement For An Adequate Payment Mechanism
In July 2018, we reported on the first instance decision in CIMC MBS Ltd (formerly Verbus Systems Ltd) v Bennett (Construction) Ltd [2018] in which the Technology and Construction Court (TCC)
12 Sep 2019
The Basics: What Is Set Off And When Does The Right To Set Off Arise?
In certain circumstances, if a claim is proven, the defendant will be able to offset monies that are due to it from the claimant - this is known as set off.
8 Aug 2019
Electronic Credit Contracts And Signatures Under Quebec Consumer Law
Can a consumer enter into a valid credit contract online under Quebec consumer law? Spoiler: The answer is yes.
5 Aug 2019
Brexit: Contractual Issues
With the future of the UK and Brexit still remaining unclear, Ian Chapman-Curry, David Lowe and Clark Sargent discuss the issues arising in contract and commercial law if the UK leaves the EU.
European Union
5 Aug 2019
The Basics: Does Legal Professional Privilege Apply To All Communications With Or Through A Solicitor?
The principle that a client should be able to consult a lawyer in confidence without fear of having to disclose communications between them at a later date is a fundamental right that has long been recognised...
29 Jul 2019
M&A And Locked Boxes: Increasing Use In Canada And Future Use Employing Blockchain
Over the past few years, the locked box pricing mechanism has been popular in European M&A deals, and is now making its way over to the US and Canada
23 Jul 2019
Ensure Your Contracts Reflect Your Intention – Say What You Mean (And What Might Happen If You Don't)
The decision in Network Rail Infrastructure Ltd v ABC Electrification Ltd [2019] is a clear example of the courts' approach to contractual interpretation, focusing primarily on one clause of the contract.
22 Jul 2019
The Basics: Funding Options For Commercial Disputes
The legal costs incurred in pursuing or defending a commercial claim can be substantial. Although the general rule in commercial disputes is that the loser pays the legal costs
16 Jul 2019
Post-Termination Restrictions: The Supreme Court Reinvigorates The Blue Pencil Test
On 3 July, the Supreme Court handed down its judgment in Tillman v Egon Zehnder Ltd on whether a restrictive covenant that prevents an ex-employee from being "interested in" a competitor for six months.
16 Jul 2019
Coming Into Force Of Provisions Concerning Public Bodies' Obligation To Establish A Procedure For Receiving And Examining Complaints
In January, we published an article on the enactment of certain provisions of the Act to facilitate oversight of public bodies' contracts and to establish the Autorité des marchés publics (the "Act").
10 Jun 2019
Can A Threat To Take A Lawful Act Give Rise To Economic Duress?
Where one party to a contract (A) exerts illegitimate pressure on another (B) such that B has no practical alternative but to accede to A's demands ...
7 Jun 2019
Sooner Than You Think: Getting Ready For Prompt Payment In Ontario
The construction industry is about the change. On October 1, 2019, the prompt payment and adjudication amendments to the Construction Act will become law.
28 May 2019
The Basics: What Do I Need To Know About Part 36 Offers To Settle?
The usual position, in commercial claims proceeding in the courts of England and Wales, is that the loser pays the legal costs of the winning party - or at least a proportion of them.
27 May 2019
Latest Court Of Appeal Decision On Practical Completion - Key Points
In 2018, we reported on the Technology and Construction Court judgment (TCC) in Mears Ltd v (1) Costplan Services (South East) Ltd (2) Plymouth (Notte Street) Ltd and (3) J.R. Pickstock Ltd
17 Apr 2019
Termination And The Inapplicable Liquidated Damages Clause
Until the recent Court of Appeal judgment in Triple Point Technology Inc v PTT Public Company Ltd, the generally held view was that in delay cases where the contract works ...
9 Apr 2019
There And Back Again - Protective Agreements In The Federal Court
A recent decision of the Federal Court has once again shifted the approach a party must take to keep their documents and information confidential during litigation.
4 Apr 2019
The Basics: Limitation & Commencing Proceedings - How Long Do I Have To Make A Claim?
While parties are encouraged to take pre-action steps to resolve their disputes without recourse to the courts (and many are able to).
3 Apr 2019
Five FAQs When 'Sealing The Deal' In China
Cross-border transactions, while bringing new and exciting opportunities for your business, can be challenging.
28 Mar 2019
Irri-Al-Tal Closes Qualifying Transaction With Water Ways
On March 7, 2019, Water Ways Technologies Inc. (formerly Sagittarius Capital Corporation) (TSXV: WWT) announced that it had closed its previously ...
18 Mar 2019
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