Canada's construction news
A ruling rendered in June 2023 by the Court of Appeal for Saskatchewan, upholding an earlier Court of King’s Bench decision, stands as a reminder of how understanding exclusion clauses can impact project insurance policy coverage.
However, although it secured wrap-up coverage, KPCL did not obtain course of construction or builder’s risk insurance for the project. In court, Lloyd’s was clear there was a difference between the two and KPCL was attempting to “contort and fit” the event into its actual coverage. KPCL argued that other parties had contributed to the soil embankment prior to its collapse and further submitted that the exclusions should only apply to the uppermost lift of soil where the failure occurred but not the damage to the remainder of the embankment and soils below. KPCL also referenced “ongoing warning signs which repeatedly indicated a predictable embankment failure that was not limited to this one portion of the project.
Canada Latest News, Canada Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Legal Notes: The critical matter of timely and proper notice of claimsCanada's construction news
Read more »
Legal Notes: Payment or Performance under Protest as a first step towards dispute resolutionCanada's construction news
Read more »
Legal Notes: Unforeseeable ground conditions versus arbitration clauses in contractsCanada's construction news
Read more »
Legal Notes: Walsh Construction appeals rejection of flow-through subcontractor claimsCanada's construction news
Read more »
Helen Chesnut's Garden Notes: Wait for spring to lift and divide dahlia tubersWhen dividing a clump, make sure that each tuber you keep for replanting has a piece of stem with a growth bud.
Read more »
Helen Chesnut's Garden Notes: Shade-cloth protects leafy greensShaded area in veggie plot allows leafy green vegetables to thrive even under fiercely hot summer sun.
Read more »