Can Construction Breach Of Trust And Construction Lien Claims Be Joined?

Introduction

Determining legislative intent – or, at a more basic level, the current state of the law – when interpreting a statute can be difficult. When reading certain provisions of a statute, steps should be taken to, among other things, ensure that the most current provisions are being reviewed, in addition to whether those provisions may be affected by Regulations to that legislation. Next you have to consider how the legislative provisions have been (if at all) treated by the courts.

Some recent cases in construction law are proving to be an example of how legislation can be interpreted in different ways by different decision makers, and the impact on construction law practice has been significant. The question is whether the Construction Act intends for construction breach of trust actions to be joined with construction lien actions, and this article addresses the issue of how the courts have treated the legislative amendments and provisions in this