Construction Law-Consultants: Beware of overstepping your Authority


Courts do not often examine the authority of a Consultant on a construction project and the liability consequences if the Consultant oversteps its authority. That is the issue in this recent Alberta decision.

This decision is also a goldmine of legal analysis on many other issues relevant to construction law: the potential liability of an owner to a subcontractor for Negligent Misrepresentations contained in Tender’s; the Incorporation by Reference of the main contract in a subcontract; the circumstances which will give rise to the Repudiation of a construction project; and the obligation of a contractor to make Access to the Site available to a subcontractor.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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