Elite Construction Inc. v. Canada – Compliance With Contractual Notice Provisions Is A Must

In large-scale construction projects, delays to the schedule of completion are almost inevitable. Often, the delays to the project will result from circumstances outside of a contractor's control, and can impact the contractor's already tight profit margins.

As a result, contracts for large-scale construction projects have increasingly included terms permitting a contractor to submit claims for additional expenses it has incurred from delays to the project, provided that it meets certain requirements to provide the owner with notice of its intention to claim for delay. The recent decision of the Ontario Superior Court of Justice in Elite Construction Inc. v. Canada¹(Elite) confirms that strict compliance with contractual notice provisions is a prerequisite to claiming damages for delay.