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ARTICLE · 07 NOVEMBER 2017

Vermilion & District Housing Foundation v Binder Construction Limited

The Alberta Court of Queen's Bench holds surety liable under a performance bond for consequential damages suffered by an obligee as result of defaulting contractor.

CanadaReal Estate and Construction

V. SURETY AND BOND ISSUES


A. The Alberta Court of Queen's Bench holds surety liable under a performance bond for consequential damages suffered by an obligee as result of defaulting contractor.

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Vermilion & District Housing Foundation v Binder Construction Limited, 2017 ABQB 365, per Nielsen, J. [4242]


I. FACTS AND ISSUES

In 2004, Binder Construction Limited ("Binder"), as general contractor, entered into a construction contract (the "Bonded Contract") with Vermilion & District Housing Foundation ("Vermilion") for the construction of an addition to and the modernization of an existing senior's lodge (the "Project"). Binder's scope of work included the supply and installation of resilient sheet flooring ("RSF") for the Project.

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