Blaney McMurtry LLP Barristers & Solicitors

Howard is a lawyer in our Commercial Litigation department and a member of the Architectural/Construction/Engineering Services Group.

Howard advises owners, general contractors, subcontractors, suppliers and design professionals in construction litigation and dispute resolution proceedings relating to many facets of construction law including contract claims, construction liens, mortgage priorities, bidding and tendering, professional negligence, bond claims, construction trusts and delay claims. His construction law experience includes matters relating to infrastructure projects, community centres, subdivisions, condominiums, commercial buildings and industrial facilities.

Howard also advises clients with respect to environmental and general commercial litigation matters.

Howard has spoken at industry and professional seminars on a variety of construction law issues. His articles have been included in numerous publications. Howard is also the editor of the firm’s Commercial Litigation Update.

Articles and Presentations

    
• When Construction Law and Insolvency Meet in Ontario: What Should You Advise Your Clients?, presented at OBA Professional Development Seminar - “Construction Remedies: Beyond the Lien,” May 29, 2008     
• Double N: One Year Later - How Has Tendering Law Changed (co-author), Nuts & Bolts, February 2008     
• Avoiding and Handling Construction Disputes (co-author), presented at Osgoode Professional Development Seminar, “The Intensive Course in Construction Law”, January 28 and 29, 2008     
• Kennedy Electric: Assembly Line Installer Denied Lien Rights, "Commercial Litigation Update" newsletter, January 2008     
• Understanding Common Pitfalls in Construction Lien Litigation: Recent Cases of Interest, presented at OBA CLE Seminar, “Hot Topics in Construction Law”, November 2, 2007     
• Supreme Court Limits Duty of Owners in Examining Tenders, Construction Law Letter, March/April 2007 (co-author)     
• Project Owner Does Not Owe Duty of Care to Potential Subcontractors in Tendering Process, Construction Law Letter, March/April 2007     
• Supreme Court Rules Owner Not Obliged to Look Behind Tender, Construction Law Update, February 2007 (co-author)     
• Tendering Decision Helps Owners Avoid Claims by Potential Subcontractors, The Lawyers Weekly, January 26, 2007     
• Supreme Court Says Litigation Privilege Ends With Litigation, Sept 2006     
• Extra Claims and the Disclosure of Documents: Court Requires Claimant to Produce its Job Estimates, Nuts & Bolts, April 2006     
• Professional Obligations of Design Consultants, presenter at client seminar, January, 2004     
• Breach of Trust Actions Under the Construction Lien Act, presenter at “Construction Liens: How to Succeed in Construction Lien Actions,” a Lexis-Nexis conference, October 1, 2003     
• Mistake and the Law of Tendering: Error on the Face of the Tender? (co-author), published for National Judicial Institute Civil Law Seminar, May 21-23, 2003     
• Court Finds That Evidence Introduced After Tendering Deadline Does Not Render Bid Compliant, Construction Law Update, February 2003     
• The Law of Tendering: What Every Contractor and Owner Should Know About Bidding Errors, (co-author) published in the materials for “Public Contract Code and Competitive Public Bidding,” a Lorman Educational Services conference, November 20, 2002, Hamilton, ON     
• Recent Decision May Lower Threshold in Breach of Trust Actions, Construction Law Update, October 2002; Nuts & Bolts, September 2002     
• Divisional Court Reverses Ruling: Trust Beneficiary Defeats Judgment Creditor’s Claim to Funds, Construction Law Update, June 2002

Howard is a lawyer in our Commercial Litigation department and a member of the Architectural/Construction/Engineering Services Group.

Howard advises owners, general contractors, subcontractors, suppliers and design professionals in construction litigation and dispute resolution proceedings relating to many facets of construction law including contract claims, construction liens, mortgage priorities, bidding and tendering, professional negligence, bond claims, construction trusts and delay claims. His construction law experience includes matters relating to infrastructure projects, community centres, subdivisions, condominiums, commercial buildings and industrial facilities.

Howard also advises clients with respect to environmental and general commercial litigation matters.

Howard has spoken at industry and professional seminars on a variety of construction law issues. His articles have been included in numerous publications. Howard is also the editor of the firm’s Commercial Litigation Update.

Articles and Presentations

    
• When Construction Law and Insolvency Meet in Ontario: What Should You Advise Your Clients?, presented at OBA Professional Development Seminar - “Construction Remedies: Beyond the Lien,” May 29, 2008     
• Double N: One Year Later - How Has Tendering Law Changed (co-author), Nuts & Bolts, February 2008     
• Avoiding and Handling Construction Disputes (co-author), presented at Osgoode Professional Development Seminar, “The Intensive Course in Construction Law”, January 28 and 29, 2008     
• Kennedy Electric: Assembly Line Installer Denied Lien Rights, "Commercial Litigation Update" newsletter, January 2008     
• Understanding Common Pitfalls in Construction Lien Litigation: Recent Cases of Interest, presented at OBA CLE Seminar, “Hot Topics in Construction Law”, November 2, 2007     
• Supreme Court Limits Duty of Owners in Examining Tenders, Construction Law Letter, March/April 2007 (co-author)     
• Project Owner Does Not Owe Duty of Care to Potential Subcontractors in Tendering Process, Construction Law Letter, March/April 2007     
• Supreme Court Rules Owner Not Obliged to Look Behind Tender, Construction Law Update, February 2007 (co-author)     
• Tendering Decision Helps Owners Avoid Claims by Potential Subcontractors, The Lawyers Weekly, January 26, 2007     
• Supreme Court Says Litigation Privilege Ends With Litigation, Sept 2006     
• Extra Claims and the Disclosure of Documents: Court Requires Claimant to Produce its Job Estimates, Nuts & Bolts, April 2006     
• Professional Obligations of Design Consultants, presenter at client seminar, January, 2004     
• Breach of Trust Actions Under the Construction Lien Act, presenter at “Construction Liens: How to Succeed in Construction Lien Actions,” a Lexis-Nexis conference, October 1, 2003     
• Mistake and the Law of Tendering: Error on the Face of the Tender? (co-author), published for National Judicial Institute Civil Law Seminar, May 21-23, 2003     
• Court Finds That Evidence Introduced After Tendering Deadline Does Not Render Bid Compliant, Construction Law Update, February 2003     
• The Law of Tendering: What Every Contractor and Owner Should Know About Bidding Errors, (co-author) published in the materials for “Public Contract Code and Competitive Public Bidding,” a Lorman Educational Services conference, November 20, 2002, Hamilton, ON     
• Recent Decision May Lower Threshold in Breach of Trust Actions, Construction Law Update, October 2002; Nuts & Bolts, September 2002     
• Divisional Court Reverses Ruling: Trust Beneficiary Defeats Judgment Creditor’s Claim to Funds, Construction Law Update, June 2002