My Order: Please send me the following:
Qty
Product
Order Number
Price
986672-60844
$171
Journal of the Canadian College of Construction Lawyers 2015
q Place me on standing order subscription and send me each new
annual edition automatically
q Please advise me of new editions as they are published
Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes.
3 Easy Ways to Order
Deliver To: q Same address as Ordered By
Name: __________________________________________________________________________________
Title: ____________________________________________________________________________________
Company: _______________________________________________________________________________
Address: ________________________________________________________________________________
City: ________________________________ Prov.: _______ Postal Code: _________________________
Tel.: (
) _______________________ ext. __________ Fax: (
) ______________________
Email Address: __________________________________________________________________________
Call Toll-Free: 1-800-387-5164
(In Toronto: 416-609-3800)
Fax Toll-Free: 1-877-750-9041
(In Toronto: 416-298-5082)
Online: www.carswell.com
For more information on products from
Carswell and Canada Law Book, please
call or visit www.carswell.com
Satisfaction Guarantee
If you are not completely satisfied with any
Carswell or Canada Law Book electronic or
print product, simply return the invoice,along
with any material received (in resaleable
condition), within 30 days of the invoice date.
Payment Methods:
q Cheque
q VISA
q MasterCard
q American Express
Card #:
Expiry Date: M M Y Y
q Bill my Carswell Account #:
P.O. #:
Cardholder’s Name (Please Print): __________________________________________________________________________________________________
Fax: (
) _________________________________ Email: ___________________________________________________________________________
Tel.: (
) _________________________________ ext. _____________
Signature: ____________________________________________________
Orders must include signature and telephone number to be processed.
One Corporate Plaza, 2075 Kennedy Road, Toronto Ontario Canada M1T 3V4 | carswell.com | thomsonreuters.com
00229UY-E17790-60844 MM1A 05/15 Printed In Canada
Ordered By: Please make address corrections below
Get the latest insight
on construction law
trends and issues
New Edition
Journal of the Canadian College of
Construction Lawyers 2015
Editor: Matthew R. Alter
Get convenient access to expert insight on current hot topics and legal issues
in the construction industry. The new 2015 edition of the Journal of the
Canadian College of Construction Lawyers includes nine insightful articles
covering a variety of topics impacting different jurisdictions.
New Edition
Journal of the Canadian College of Construction Lawyers 2015
Editor: Matthew R. Alter
Nine insightful articles covering current
construction law issues
1. The Law of Privilege and In-house Counsel
Dan Levert
The author, an in-house lawyer, discusses
the unique aspects of solicitor-client
privilege that arise in the in-house context
and the circumstances under which the
courts will uphold claims of privilege put
forward by in-house counsel.
2. Contractors’ Performance Review Under
Quebec’s Public Procurement Regime
Yvan Houle
The author discusses the changing
landscape of Quebec’s public
procurement of construction projects
as a result of the Act Respecting the
Contracting of Public Bodies.
3. Responsibility for Site Conditions in
the Context of Owners’ Disclosure of
Information: Contractors’ Risks and Rights
J. Marc MacEwing
This article discusses contractor claims
in the face of unexpected site conditions
and the importance of contractual
provisions to effectively address claims
in these situations.
4. Comstock Canada Ltd. (Re), A Model
of Efficiency
John Margie This article examines the position of
construction lien/trust claimants in the
context of federal based insolvency and
restructuring proceedings, and how
the courts can administer such claims,
based on the noted case.
5. The Obligation to Cooperate in the
Context of Construction Contracts
in Quebec
John Murphy
This article addresses the nature and
scope of the parties’ duty to collaborate
with one another in the context of
construction projects that are subject to
ongoing changes.
6. Total Cost Claims: Canada’s Five-part Test
Steve Richards
The author discusses the applicability
of the American “total cost method” of
damage assessment to the Canadian
legal landscape and proposes an
extension of the four-part American
test to a five-part test suitable for the
Canadian context.
Order # 986672-60844 $171
Hardcover May 2015 approx. 200 pages
978-0-7798-6672-4
Annual volumes available on standing order subscription
Multiple copy discounts available
7. Understanding Construction Warranties
in Canada
Phillip J. Scheibel
This article considers both the nature of
construction warranties and the issues
relating to such warranties and provides
a comprehensive basis for understanding
this complex area of construction law.
8. Dual Track Proceedings and
Consolidation Orders Arising from
arbitration and Litigation Streams:
The U.S. Experience
Philip L. Bruner
This article addresses the concern
of “Double Jeopardy” arising from
the use of arbitration for resolution
of disputes arising out of major
construction projects.
9. La Responsabilité des Professionels de
la Constructions Découlant d’un Mandat
de Surveillance de Travaux au Québec:
Une Responsabilité en Constante
Évolution (The Liability of Construction
Professionals Arising from Work
Supervision Duties in Quebec:
A Liability in Constant Evolution)
Mario Welsh
The author outlines the many ethical,
contractual, and legal obligations
imposed on construction professionals
in the Province of Quebec, and how
to balance professional liability while
meeting the needs of clients.
About the Editor and the
Publications Committee
The Canadian College of Construction
Lawyers was founded in 1998 to facilitate
and encourage the association of lawyers
distinguished in the practice or teaching of
construction law, and who are dedicated
to excellence in the specialized practice of
construction law. Among the objects of the
Canadian College of Construction Lawyers
is the creation of a body of professional
and scholarly published materials dealing
with construction law, and the provision of
resources for the construction industry
at large.
Matthew R. Alter is the Editor of the
Journal and a Governor of the Canadian
College of Construction Lawyers. He is
a partner at Cassels Brock & Blackwell
LLP with a practice that focuses on
representing public and private owners,
general contractors and other construction
industry participants in all aspects of
construction and procurement. He advises
clients on project delivery methods
and procurement processes, and drafts
and negotiates various agreements for
construction and infrastructure projects
and related acquisitions. He also represents
clients in all types of contract and project
disputes and litigation, including: tendering
claims and defences, contractor defaults,
interference and delay claims, liens, trust
claims, insolvency claims and surety bond
claims. He is the immediate past Chair of
the International Construction Division
of the American Bar Association’s Forum
on Construction Law. He is also a past
Chair of both the Ontario Bar Association’s
Construction Law Section and the Law
Society of Upper Canada’s Construction
Law Specialty Committee, and was among
the first lawyers in Ontario to be certified as
a Specialist in Construction Law.
The College acknowledges the significant
contribution of the other members of the
College’s Publications Committee, notably
Brian Samuels of Samuels & Co., Bernard
P. Quinn of Norton Rose Fulbright LLP,
and D. Geoffrey Machum, Q.C. of Stewart
McKelvey, who play an active role in the
life of this publication, sourcing articles,
contributing editor’s notes, and
providing assistance.
Table of Contents
1. The Law of Privilege and
In-house Counsel
Dan Levert
2. Contractor’s Performance Review
Under Quebec’s Public
Procurement Regime
Yvan Houle
3. Responsibility for Site Conditions
in the Context of Owners’ Disclosure
of Information: Contractors’ Risks
and Rights
J. Marc MacEwing
4. Comstock Canada Ltd. (Re), A Model
of Efficiency
John Margie 5. The Obligation to Cooperate in the
Context of Construction Contracts
in Quebec
John Murphy
6. Total Cost Claims: Canada’s
Five-part Test
Steve Richards
7. Understanding Construction
Warranties in Canada
Phillip J. Scheibel
8. Dual Track Proceedings and
Consolidation Orders Arising from
arbitration and Litigation Streams:
The U.S. Experience
Philip L. Bruner
9. La Responsabilité des Professionels
de la Constructions Découlant d’un
Mandat de Surveillance de Travaux
au Québec: Une Responsabilité en
Constante Évolution (The Liability
of Construction Professionals
Arising from Work Supervision
Duties in Quebec: A Liability in
Constant Evolution)
Mario Welsh