Mark St. Cyr

Mar 26, 2024 | mondaq.com | Mark St. Cyr |Stephanie Garraway |Andrea Gorys |Emily Di Bratto

KEY TAKEAWAY: Unless your contract has a clear and comprehensive "no waiver" provision, your conduct (and the conduct of the other parties to the contract) can amount to a waiver of the contract's terms and conditions. Throughout the course of a construction project, all parties should be mindful that their conduct can act as a waiver of certain contractual terms.

Mar 1, 2024 | mondaq.com | Mark St. Cyr |Stephanie Garraway |Zach Flemming-Giannotti |Emily Di Bratto

KEY TAKEAWAY: A payor that has made one or more payments "under protest" during a construction project may recover those monies later, including after completion of the work. To recover such monies, a payor should obtain a formal reservation of rights agreement.

Feb 8, 2024 | mondaq.com | Mark St. Cyr |Stephanie Garraway |Andrea Gorys |Caitlin Russell

Owners are considered "employers" under the OHSA and therefore, subject to discharging their "due diligence" obligation, may be found liable for ensuring compliance with health and safety requirements during the lifespan of a Project, even if they designate the role of "constructor" to a contractor.