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Contract Disputes Third-Party Beneficiaries

Blake, Cassels & Graydon LLP

From Court to Contract: Navigating Recent Supreme Court and Appellate Decisions

Recent Canadian case law is reshaping how legal drafters should approach contractual clauses. Key decisions, including rulings from the Supreme Court of Canada and appellate courts in British Columbia, Alberta, Ontario and...more

Fuerst Ittleman David & Joseph

Subrogees Beware—You Can Be Compelled to Arbitrate as Third-Party Beneficiaries to an Arbitration Agreement

Cases requiring non-signatories to an arbitration agreement to arbitrate are not uncommon. Cases compelling subrogees to arbitrate, not because of an insurance policy but because of another contract, are less common. In...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 297: Listen and Learn -- Third-Party Rights in Contracts (Part 2 - Beneficiaries)

Law School Toolbox on

Welcome back to the Bar Exam Toolbox podcast! This is the second episode of a two-part discussion of third-party rights in contracts. Last time we covered assignments and delegations, and today we focus on third-party...more

Porter Hedges LLP

Owners’ Rights Pursuing Claims Directly Against Subcontractors/Vendors

Porter Hedges LLP on

In construction disputes, owners typically deal with defects within the scope of work of the subcontractor or vendor by pursuing claims directly against the general contractor. The owner, however, may consider pursuing claims...more

Stoel Rives -  Ahead of Schedule

The Importance of Third-party Beneficiary Clauses in Contracts

In resolving construction contract negotiations and disputes, we’ve seen a number of overlooked clauses carry significant importance: a 20-year roof warranty limited to material replacement costs (no tear-out, no install) and...more

Buchalter

Gru Was Wrong About the Money: Court Concludes that Lender Owes Contractor “Contractually, Factually and Practically”

Buchalter on

In BCD Associates., LLC v. Crown Bank, CA No. N15c-11-062 (Super. Ct. Del, May 2, 2022), the trial court found that when a bank pays a contractor directly, it can create a legally binding relationship subject to the terms of...more

McDermott Will & Emery

Delaware Opens the Door to Third-Party Beneficiaries

McDermott Will & Emery on

Based on a recent Delaware Chancery Court decision, parties outside of a transaction—not just the buyer or seller—may be able to enforce continuing employment provisions in a purchase agreement. This decision shows that a...more

Carlton Fields

Non-signatory Third-Party Cannot Enforce Arbitration Clause In Contract

Carlton Fields on

SBS is a staffing company that provides personnel to various retail services, such as SPAR. SBS engaged Paradise Hogan (“Hogan”) and assigned Hogan to SPAR. Hogan and SBS entered into an Independent Contractor Master...more

A&O Shearman

Identification of third party beneficiaries - contracts (rights of third parties) act

A&O Shearman on

Reference to setting up a separate segregated client account in a letter of instruction from a customer to the bank (the terms of which envisaged that an account would be opened and operated in a particular manner) would have...more

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