Contract Law Terms

This is a short, alphabetic list of legal terms and definitions relevant to construction law which I have prepared for those who are not lawyers. Lengthier definitions can be found in the usual legal references. Discussions of them can be found at law schools everywhere.

Abandonment.

See Elizabeth Townhouses Ltd. v. Sigurdson, [1975] 2 S.C.R. 449, Judson J. quoting Seaton J.A.: “. . .cessation of work and abandonment are not necessarily co-existent.”

See also: Anderson v. Fort William Commercial Chambers Ltd., [1915] 25 D.L.R. 319 (Ont. C.A.)

Agreement to Arbitrate (as opposed to Arbitration Agreement).

Arbitration.

Arbitration Agreement (as opposed to Agreement to Arbitrate).

Architect.

Bid Bond.

Bid Depository.

A general description of the function of a bid depository is given by Burnyeat J in Ken Toby Ltd. v. British Columbia Corp., [1997] BCJ No. 1057.

Bond.

Breach.

Certification (By Engineer).

Compliance (with Terms of Tender)

Condition Precedent.

Contract.

Consideration.

Defintition of consideration.

Cost Plus Contract.

Defect.

Delay.

Distraint.

Engineer.

Estoppel.

Exclusion Clause.

Extras.

Fradulent misrepresentation.

Frustration.

General Contractor (or Prime Contractor).

Holdback.

Implied term.

Innocent misrepresentation.

Interference.

Lien.

For liens in Newfoundland and Labrador, see the Mechanics’ Liens Act.

Limitation Period.

Lump Sum Contract.

Nature of Work.

Owner.

Payment Bond.

Performance Bond.

Privilege Clause.

Progress Claim.

Quantum Meruit.

Reasonable Remuneration.

Rectification.

Repudiation.

Rescission.

Set-off.

Sheltering.

Specific Performance.

Subcontractor.

Substantial Performance.

Tender.

Term.

Trust Fund.

Unit Price Contract.

Unjust Enrichment.

Variation.

Vicarious Liability.

Wrongful Dismissal.