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Tag: priority

25 08 '21

Lawyers’ Liability for Construction Trusts – a Case Comment on Electro-Works v. Fogler, Rubinoff LLP

The case of Electro-Works Ltd. v. Fogler, Rubinoff LLP expands the scope of liability for breach of trust to include monies received through settlement funds and applied as payment for lawyers’ fees.

Dan Fridmar
CategoryBankruptcy, Construction Law, Fridmar Professional Corporation
Categoryaccount, bankruptcy, construction, construction act, fees, funds, impart, insolvency, knowing, knowing receipt, knowledge, lawyer, lawyers, legal, liability, payment, priority, receipt, section 8, settlement, trust, trust funds
19 06 '20

Stoppage of Payment in Construction Disputes

How can a Subcontractor stop payments in wake of ongoing construction dispute? In realizing the fast-paced nature of the construction industry, the drafters the Construction Act, created a mechanism allowing Subcontractors to cease payment on a project without having to actually preserve a lien. Namely, a “Written Notice of Lien.”

Dan Fridmar
CategoryConstruction Law
Categoryconstruction, contractors, dispute, holdback, lien, mortgage, mortgagees, notice, notice holdback, owners, priority, serve, subcontractors, written

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