Peter Vetsch

PHIL SCHEIBEL AND PETER VETSCH PUBLISH PAPER

Rose LLP partners Phil Scheibel and Peter Vetsch have co-authored a paper that has been published in the 2019 edition of the Journal of the Canadian College of Construction Lawyers, a collection of scholarly articles regarding important or pressing issues in the field of construction law.  The paper, titled “An Overview of Contractual Notice Requirements and the Effect of the Doctrines of Waiver and Estoppel in Cases of Imperfect Compliance”, 2019 J.C.C.C.L. 47, canvasses the complex and often conflicting body of case law relating to the interpretation and enforcement of notice provisions in contracts, attempts to reconcile the various lines of authority into certain key guiding principles, and examines the circumstances in which courts may seek to avoid the harsh impact of these clauses due to the parties’ conduct or knowledge regarding the disputed issue.  The article concludes with some practical advice for parties drafting or negotiating construction contracts incorporating notice provisions which may assist in avoiding unintended consequences and aligning the specific language of a notice clause with the parties’ intentions.  The paper can be downloaded and reviewed in full here.