His experience extends to writing, reviewing and providing opinions
on standard form contracts, including those for substantial construction projects.
Most standard form contracts provide for a series of notices to be given (to enable the party in default to remedy breaches) before a termination can become effective.
We have expertise and experience in advising and representing individuals and businesses on contract formation and validity of contracts, whether agreed in writing or otherwise, including a variety of
standard form contracts used in commercial and industrial settings.
Cost Savings from New Technologies and Approaches: When you implement new legal technologies or processes — say, improving the procedures for creating and entering
into standard form contracts — you should identify the cost savings specific to that improvement.
Gilbertson Davis LLP has extensive experience in the resolution of disputes concerning contracts and agreements of diverse subject matter in a wide variety of businesses and industries, from single page contracts to complex licensing agreements, including
standard form contracts common to the media industry.
He has also been seconded to a major Canadian oil sands owner, where he assisted in the development and alignment of a full suite of EPC /
CM standard form contracts.
Insight In a post at Construction Law Musings, Melissa Dewey Brumback writes about updates to the American Institute of Architects
standard form contract documents.
«However, as appellate interpretation
of standard form contracts will have greater precedential value, this should eventually reduce litigation and limit future contractual disputes around the standard form clauses,» said Bombier.
It is worth noting that binding arbitration clauses
in standard form contracts (like between websites and their many users) are not legal in many jurisdictions (e.g. Australia) but are legal in others (e.g. USA).
Housing PFI projects — advising on a number of significant housing PFI projects (Islington, Reading, Lambeth, Kirklees, Oldham), including disseminating the learning from particular projects and advising the Government
on standard form contracts.
Investors are heterogeneous and the best approach therefore is to offer
them standard form contracts — off the rack rules — that provide significant choice.
We can then suggest the strategy which is most suitable, advise on the use of
standard form contracts or help craft bespoke documents written in plain English which are tailored to your specific needs.
We urge our clients to meet with us before making key business decisions such as creating
a standard form contract, entering into a lease, or hiring a key employee.
In addition, although the factual matrix is less relevant for
standard form contracts, factors such as the purpose of the contract and the industry in which it operates should nevertheless be considered.
Greg Tucker of Owen Bird in Vancouver, who represented the insurance companies, says although he is disappointed with how the court applied the faulty workmanship exclusion to his client's situation, he agrees with the top court's creation of an exception to Sattva for
standard form contracts.
However, Justice Wagner created an exception to Sattva in today's decision, stating, «In my view, where an appeal involves the interpretation of
a standard form contract, the interpretation at issue is of precedential value, and there is no meaningful factual matrix that is specific to the parties to assist the interpretation process, this interpretation is better characterized as a question of law subject to correctness review.»
The terms in
the standard form contracts between bank and customer providing for the relevant charges were referred to as «relevant terms».
«In
a standard form contract, for purposes of insuring, consistency of interpretation obviously is a key factor, for the benefit of both insurers and insured.
I have been arguing for years that all of
these standard form contracts that are being forced upon us in the 21st century — are about as far from being «offer + acceptance + consideration» as one can get!
He is active in his community as a director for the Atlantic Chapter of the Canadian Green Building Council and as a lecturer at the Construction Association of Nova Scotia, where he frequently speak on change management and
standard form contracts.
Most service providers charge a fee for payments that bounce due to non-sufficient funds and disclose this fee and the amount charged in
standard form contracts.
Most recently, in De Wolf v. Bell ExpressVu the court refused to extend the definition of «interest» to a $ 25 administrative fee on late accounts set out in Bell ExpressVu's
standard form contract.
The Court reiterated the principles of contractual interpretation as they apply to
standard form contracts.
The Court is sending a clear message that the basic law of contractual interpretation will apply; creative interpretations of
standard form contracts are less likely to succeed.
Correctness is also usually the applicable standard (at para. 60) for interpreting
a standard form contract (such as the CAPL operating agreement) and the same standard applies «by analogy» (at para 61) to terms such as «working interest» «which have a common meaning to participants in a given industry».
The allocation of responsibility for obtaining Statutory Approvals differs between
standard form contracts.
In this Lawyers Weekly article, Eugene, who acted as counsel for the successful appellant states, «The Supreme Court's holding that the trial court's interpretation of
standard form contracts are reversible if they are incorrect is important for the construction and insurance industries, but its impact goes much further than that.»
Where, like here, the matter involves the interpretation of
a standard form contract, the interpretation at issue is of precedential value, and there is no meaningful factual matrix specific to the parties to assist the interpretation process, this interpretation is better characterized as a question of law subject to a correctness review.
Of the four most commonly used
standard form contracts in South Africa (FIDIC, NEC, JBCC and GCC), only two provide for voluntary mediation.
Interpretation of contracts — Review of decisions interpreting contracts — insurance — standard form contracts
Thus the CCDC contracts which are often used between owners and contracts appear to fall within the sort of
standard form contracts that the Court of Appeal was discussing.
The interpretation of
a standard form contract is significant to more than the immediate parties to the contract.
In three decisions, the Ontario Court of Appeal has held that a review of a decision interpreting
a standard form contract involves a question of law, not a question of mixed fact and law: MacDonald v. Chicago Title Insurance Company of Canada, 2015 ONCA 842; Monk v. Farmer's Mutual Insurance Company (Lindsay), 2015 ONCA 911; Daverne v. John Switzer Fuels, 2015, ONCA 919.
If so, then these Ontario Court of Appeal decisions do not create a new rule applicable to
standard form contracts.
The standard form contracts of many cloud providers also contributes to the difficulties.