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ARTICLE · 21 NOVEMBER 2017

MT November 2017 Case summaries

Miller Thomson
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The defendant, Stuart Olson Dominion Construction Ltd (Stuart Olson), was the general contractor for the construction of a residential rental building, and plaintiff, Limen Forming West Ltd...

CanadaReal Estate and Construction
Jonathan Martin
Jonathan Martin
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1. Repudiation of contracts through non-performance:
Limen Forming West Ltd. v Stuart Olson Dominion Construction Ltd, 2017 BCSC 1485

The defendant, Stuart Olson Dominion Construction Ltd (Stuart Olson), was the general contractor for the construction of a residential rental building, and plaintiff, Limen Forming West Ltd. (Limen), was awarded a subcontract for concrete formwork. The formal contract was not signed for formwork because of a dispute over whether Limen had to provide contract security. The parties negotiated terms of agreement and Limen began the work. Because of the ongoing disagreement over contract security, Stuart Olson made no progress payments. After completing approximately 30% of the work, Limen sent a demand for payment letter and, when agreement could not be reached, instructed its crew not to return to the worksite. Stuart Olson issued a notice of contract termination, taking the position that Limen had repudiated the contract. Limen sued for

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