September 6, 2023

Catriona Otto-Johnston publishes paper in the Journal of the Canadian College of Construction Lawyers

Catriona Otto-Johnston co-authored a paper published in the 2023 edition of the Journal of the Canadian College of Construction Lawyers. The Journal is an annual publication of scholarly articles discussing topics and concepts of importance in construction law. The paper is titled “Considering Consideration: The Role of Fresh Consideration in Unilateral Amendments to Construction Contracts”. In the paper, the authors discuss unilateral contractual variations in the construction context and the application of the doctrine of consideration to these variations. They review the inconsistent application of this fundamental concept by the courts when assessing variations in specific construction contract scenarios. The article discusses potential opportunities to challenge the validity of a variation and arguments for and against the flexible approach to the requirement for fresh consideration, which is a developing area in Canadian law. The paper concludes with a discussion of the importance of keeping the doctrine of consideration in mind when asserting or rejecting a unilateral contract amendment. The article can be downloaded on Westlaw: 2023 J. Can. C. Construction Law. 75.