Entitlement to Extras on a Fixed Price Contract

“Fixed Price” or “Not Fixed Price”? That is the question. Key Takeaway Unless there is evidence to the contrary, an agreement for the construction of a home for a stated price will likely be considered to be a fixed price contract, rather than a budget for a cost+ contract, and the onus of proving entitlement […]

“Exaggerated Liens” – Abuse of the Process or Not?

“Exaggerated Liens” – Abuse of the Process or Not? Key Takeaway The recent decision of RJ Concrete v. Eco Depot LTD,1 highlights that courts will unlikely discharge a lien pursuant to section 47 by reason alone that the lien is exaggerated. Provided that the lien claimant acted in good faith, the court will likely exercise […]