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Representation of a landlord against unpaid contractor claims resulting from work requested by a tenant

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We are representing the owner of a commercial building against several claims made by contractors and subcontractors who performed work at the request of a tenant to adapt the premises to the tenant’s specific needs. Following the tenant’s bankruptcy, some of the subcontractors issued notices of legal construction hypothec against the building. The general contractor instituted an action for unjustified enrichment claiming more than $1 million and alleges that its work would have brought an increase in value to the building at least equivalent to the sums owed by the tenant. To date, several of the subcontractors have written off their notices of legal construction hypothec on the grounds that the work had been requested by a tenant and that they had not terminated their contract with our client. Two subcontractors refused to write off their notices of legal construction hypothec on the grounds that the lease between our client and the tenant contained a construction contract. This claim is strongly contested by our client in the context of two ongoing legal proceedings.

An application to dismiss the general contractor’s action on the grounds that it is manifestly unfounded and abusive will be filed in September 2021.

The Fasken team representing the owner consists of Annie Bernard and Nicolas-Karl Perrault.


  • Québec



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