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Contents

Introduction

I. Primary Sources

A. Legislation: Canada
B. Legislation: Other
C. Case Law: Canada
D. Case Law: Other

II. Secondary Sources


A. Legal Encyclopedias
B. Books
C. Online Catalogues
D. Periodical Indexes
E. Periodicals
F. Case Law Digests
G. Other Organizations

Construction Law Library and Research Guide

Introduction

The Construction Law Research Guide has been prepared to showcase the mini-Construction Law Library donated by members of the Canadian College of Construction Lawyers. Books donated by the Canadian College of Construction Lawyers are identified as such in this guide by the following image:

Canadian College of Construction Lawyers Logo

Construction law is the body of law that deals with all matters relating to the construction process. These include such topics as : building contracts, bonds and sureties, construction and builders' liens, tendering, and construction claims, and affect all participants in the construction industry, including financial institutions, architects, builders, engineers and planners.  While the emphasis is on Canadian construction law, material covering construction law in other jurisdictions is also provided.To conduct comprehensive research, it is important to identify major subject headings used in the area of construction law. There are a number of possible Library of Congress subject headings depending on the exact nature of the research.

Subject Headings for Construction Law

There is no single general Library of Congress heading for construction law. Some headings that are relevant include:

Building Code
Building Contracts and Specifications — [jurisdiction]
Building Laws — [jurisdiction]
Building Laws — History
Building Laws — Dictionaries
Building Laws — Periodicals
Construction Contracts — [jurisdiction]
Construction Industry — Law and Legislation - [jurisdiction]
Construction Liens — [jurisdiction]
Mechanics Liens — [jurisdiction]
Liens — [jurisdiction]

Thus, to search for materials on Canadian construction liens, the subject heading is " Construction Liens — Canada"

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I. Primary Sources

Primary sources of law consist of statutes and regulations (legislation), and judicial and administrative tribunal decisions (Case Law). In Canada the various aspects of construction law are governed by legislation, contract law and the common law generally.

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A. Legislation: Canada

Construction law legislation is primarily provincial. Relevant Ontario legislation includes:

Most provinces provide fairly current versions of their statutes and regulations on their websites. Always ensure that your research is accurate by updating Internet findings with the official print versions of the legislation in a law library.

In addition to the federal and provincial government websites, QUICKLAW/LexisNexis and Westlaw Canada provide full text versions of Canadian Statutes. Frequently the commercial services provide more up to date versions of a statute than the relevant government website does.

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B. Legislation: Other

AUSTRALIA

Australasian Legal Information Institute

UNITED KINGDOM

British and Irish Legal Information Institute

UNITED STATES

Legal Information Institute

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C. Case Law: Canada

Construction Law Reports (Carswell)
Call Number: Rpts. Can. D32 C66 LAW
Online: via WestlaweCARSWELL (password/account required)

Business Law Reports (Carswell)
Call Number: Rpts. Can. D32 B87 LAW
Online: via Westlaw Canada (password/account required)

Dominion Law Reports
Call Number: Rpts. Can. C2 D65 (from 1912 – present)

You may also wish to consider finding relevant cases by using an abridgment or digest service, which provides summaries of cases by topic (see the section in this Guide on case law digests).

QUICKLAW /LexisNexis

QUICKLAW/LexisNexis is a full-text commercial database of law-related information. This is a fee-based subscription service for which an account and password are required. Case law and other information on the topic of construction law can be found in the Source Directory under "Construction Law"

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D. Case Law: Other

AUSTRALIA

Australasian Legal Information Institute

UNITED STATES

Legal Information Institute

UNITED KINGDOM

British and Irish Legal Information Institute

Case law and legislation from England and Wales, Ireland, Northern Ireland and Scotland. A search engine allows for keyword searches.

Donation from the Canadian College of Construction Lawyers

Building Law Reports
Call Number: Rpts. U.K. D32 B85 LAW

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II. Secondary Sources

Secondary sources are an excellent starting point for legal research because of the broad overview given by researchers and authors who have prepared the secondary source. Secondary resources for legal research include legal encyclopedias, textbooks, legal journals and case law digests which provide discussion and analysis of primary sources of law and the legal issues arising from the topic under discussion.

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A. Legal Encyclopedias

Legal encyclopedias are a useful starting point for research since they provide a good overview of the law, including specific primary sources of law, and they organize the law into manageable topics.

CANADA

Canadian Encyclopedic Digest (Carswell)
Call Number: Dig. Can. A2 C42 (Ontario Edition)
WestlaweCARSWELL: Canadian Encyclopedic Digest

Relevant titles of the C.E.D. (Ontario edition) include:

Volume 3, Title 20 : Building Contracts
Volume 4A, Title 30.1 : Construction Liens
Volume 19, Title 86 : Liens

Halsbury’s Laws of Canada (LexisNexis Canada)
Call Number: Dig. Can. A2 C46

Halsbury’s Laws of Canada provides a one volume overview of Canadian construction law written by Duncan W. Glaholt and Markus Rotterdam

Halsbury's Laws of England (4th ed., Butterworths U.K.)
Call Number: Dig. U.K. A2 H25

UNITED KINGDOM

Halsbury's Laws of England (4th ed.) is an authoritative British encyclopedia organized by topic. Material on construction law can be found under the title: "Building Contracts, Architects, Engineers, Valuers and Surveyors" in volume 4(3) of Halsbury's, which includes a detailed table of contents.

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B. Books

The U of T Libraries have the following textbooks on the topic of construction law (this list is just a sample of our print resources on this topic) Searching the University of Toronto Catalogue will identify relevant resources at other U of T Libraries.

 CANADA

Donation from the Canadian College of Construction Lawyers

Maurice Audet, The Construction Project (2001).
Call Number: KE930 .C66 2001 v. 1-2 LAW
Call Number: KE930 .C66 2001 v. 1-2 LAW

 

I. Goldsmith & T. Heintzman, Goldsmith on Canadian Building Contracts, 4th ed. (Scarborough, Ontario: Carswell, 1995). [supplemented annually]
Call Number: KE933 .G6 1995 LAW and Short Term Loan

Donation from the Canadian College of Construction Lawyers

David Kauffman, History of the Canadian College of Construction Lawyers (2003)
Call Number: KE1915 .K38 2003 LAW

Donation from the Canadian College of Construction Lawyers

Harvey J. Kirsh, & Lori A. Roth, The Annotated Construction Contract (Toronto: Canada Law Book, 1997).
Call Number: KF 902 K57 1997 LAW and Short Term Loan

Donation from the Canadian College of Construction Lawyers

Harvey J. Kirsh, A Bibliography of Construction Law Books and Articles in Canada (Toronto: Osler, Hoskin & Harcourt LLP, 2001).
Call Number: KE 930 .A1 B52 2001 LAW

 

Harvey J. Kirsh, Kirsh's Construction Lien Case Finder (Toronto: Butterworths, 1992- )
Call Number: KE 308.3 .A7 K57 v. 1-4 LAW

Donation from the Canadian College of Construction Lawyers

Harvey J. Kirsh, Construction Liens Across Canada (Canadian College of Construction Lawyers, 2000)
Call Number: KE 930 .C665 2000 LAW

Harvey J. Kirsh, The Construction Lien Act: Issues and Perspectives (Toronto: Carswell, 1989).
Call Number: KF 900 C65 LAW

Donation from the Canadian College of Construction Lawyers

Harvey J. Kirsh, Kirsh's Guide to Construction Liens in Ontario, 2nd ed. (Toronto: Butterworths, 1995).
Call Number: KF 900 K57 1995 LAWC 1-2

Harvey J. Kirsh, Selected Bibliography of Construction Law Writings in Canada (Toronto: Carswell, 1988).
Call Number: KF 899 A1 K57 LAW

Harvey J. Kirsh & Paul A. Ivanoff, Construction Law Words and Phrases ( Toronto: Construction and Infrastructure Group, Osler, Hoskin & Harcourt, 2003).
Call Number: KE933 K57 2003 LAW REF B

Olivier F. Kott & Claudine Roy, La Construction au Quebec: Perspectives Juridique (Wilson & Lafleur, 1998).
Call Number: KEQ431 .B8 C66 1998

 

Law Society of Upper Canada, A Construction Liens Primer materials for the program chaired by David L. Corbett (Toronto: Law Society of Upper Canada, 1999).
Call Number: KEO 308.3 .C66 1999 LAW

 

D.N. Macklem & D.I. Bristow, Construction Builders' and Mechanics' Liens in Canada, 7th ed. (Toronto: Carswell, 2005).
Call Number: KF900 .M3 1990 Short Term Loan

D. L. Marston, Law for Professional Engineers, 3rd ed. (Toronto: McGraw-Hill Ryerson, 1996).
Call Number: KE 2730 .M3 1996 LAW

 

Kevin P. McGuinness, Construction Lien Remedies in Ontario, 2nd ed. (Toronto: Carswell, 1997).
KF900 .M292 1997 Short Term Loan

Beverley M. McLachlin et al., The Canadian Law of Architecture and Engineering, 2nd ed. (Toronto: Butterworths, 1994).
Call Number: KF 2925 M33 1994 LAW & Short Term Loan

 

Paul Sandori & William M. Pigott, Bidding and Tendering: What is the law?, 3rd. (Markham, Ontario: Butterworths, 2004).
Call Number: KE933 .S36 2004 LAW, ENGR, ARCH

Kenneth Scott & R. Bruce Reynolds, Scott and Reynolds on Surety Bonds, (Toronto: Carswell, 1993- )
Call Number: KE1213 .S36 Short Term Loan

Howard M. Wise, The Manual of Construction Law, (Toronto : Carswell, 1994- )
Call Number: KE 933 W57 LAW

 UNITED STATES

Donation from the Canadian College of Construction Lawyers

Ava J. Abramowitz, Architect's Essentials of Contract Negotiation (John Wiley & Sons, 2002).
Call Number: NA1996 .A24 2002 LAW

Donation from the Canadian College of Construction Lawyers

Philip L. Bruner & Patrick J. O'Connor, Jr., Bruner and O'Connor on Construction Law (West Group, 2002).
Call Number: KF902 .B78 2002 LAW

Donation from the Canadian College of Construction Lawyers

Carl M. Sapers, Legal Cases and Materials for the Construction Professional.
Call Number: KF 902 .A4 S37 2001

Donation from the Canadian College of Construction Lawyers

Stanley P. Sklar, Construction Law: The New AIA Construction Documents (Professional Education Systems, 1998).
Call Number: KFI 1355.8 .B8 138 1998 LAW

Donation from the Canadian College of Construction Lawyers

Stanley P. Sklar, Illinois Construction Law Symposium (Professional Education Systems, 2000).
Call Number: KFI 1355.8 .B8 I44 2000 LAW

Donation from the Canadian College of Construction Lawyers

Stanley P. Sklar, Legal Practices Manual for Construction Subcontractors (Chicago: American Subcontractors Association, 1988).
Call Number: KF902 .L44 1990 LAW

Donation from the Canadian College of Construction Lawyers

Stanley P. Sklar, Troubled Construction Loans (John Wiley & Sons, 1991).
Call Number: KF1950 .T76 1991 LAW


INTERNATIONAL

Donald Keating, Keating on Building Contracts (London: Sweet and Maxwell, 1991).
TH 242 .G7 K4 1991


Ian Norman Duncan Wallace, Construction Contracts: Principals and Policies in Tort and Contract (London: Sweet and Maxwell, 1986).
K 891 .B8 W35 1986 LAW

John Uff , Construction Law : Law and Practice Relating to the Construction Industry (London: Sweet & Maxwell, 2002 ).
KD 2435 U35 2002

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C. Periodical Indexes

To find articles in these or other law journals relating to construction law, there are a number of print and online journal indexes you can search:

Canadian Abridgment: Index to Canadian Legal Literature
Call Number: RefA K33 I514 from 1956-present
Online: Westlaw Canada (via U of T's website, U of T community only)

Current Law Index: LegalTrac
Call Number: K 33 C877 from 1980-1994
Online: via U of T's web site from 1980 - present (U of T community only)

LegalTrac indexes journals from the United States, Canada, the United Kingdom, Ireland, Australia, and New Zealand.

Index to Canadian Legal Periodical Literature
Call Number: RefA K33 I52 from 1961 – present

Index to Foreign Legal Periodicals
Call Number: RefA K33 I552 from 1960 &150; present
Online: via U of T's web site from 1985-present (U of T community only)

The Index to Foreign Legal Periodicals lists articles dealing with international law, comparative law, and the law of all countries of the world other than the United States, Britain, Canada and the countries of the Commonwealth whose systems of law have a common law basis.

Index to Legal Periodicals and Books (Wilson)
Call Number: K 33 I559 from 1926-1995
Online: via U of T's web site from 1981– present (U of T community only)

The Index to Legal Periodicals is an American periodical index that covers journals from United States, Canada, United Kingdom, Ireland, Australia, and New Zealand.

Legal Journals Index
Call Number: K 33 .L446
Online via Faculty of Law Intranet (U of T Law Community only)

The Legal Journals Index is a unique guide to over 400 British and European legal journals. Material on Commonwealth, Eastern European and international matters is included, as are items where both European and U.K. law are discussed.

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D. Periodicals

Donation from the Canadian College of Construction Lawyers

Construction Law Journal. (London: Sweet & Maxwell).
Call Number: K3 .O5677 LAWP
Online: WestlaweCARSWELL database: CONSTLJ

 

Construction Law Letter: (Toronto: Butterworths).
Call Number: KE1915 .A13 C66 ENGS
This newsletter is published six times a year. Every significant construction law decision in Canada is summarized.

 

Construction Law Review
Edited by the construction law groups of Pepper Hamilton LLP, a Philadelphia based law firm. 
Online at: <http://www.constructlaw.com/>

 

The Construction Lawyer Chicago: American Bar Association's Committee on the Construction Industry
Call Number: K 3 .O5678 LAWP
Online: Westlaw Canada database: CONSLAW

 

Osler Hoskin Harcourt: Construction and Infrastructure — Resources


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E. Case Law Digests

Canadian Abridgment (WestlaweCarswell)
Call Number: Dig. Can. A2 A26 from 1809-present

The Canadian Abridgment is a comprehensive collection of digests on issues decided in Canadian cases. It covers virtually every court case reported in Canada and every court of appeal case whether reported or unreported. There are over 100 volumes of digests that are organized alphabetically by subject. Volumes 25 and 26cover cases on construction law. 

West's Digest System (West Publishing)
Call Number: Dig. U.S. A2 A43
Online: Westlaw (password/account required) The West's Digest System (consisting of the Decennial Digest and the General Digest) provides extensive case law digests of American federal and state court decisions.

The Digest (Butterworths)
Call Number: Dig. U.K. A2 D54 LAW

The Digest contains summaries of cases from the United Kingdom and selected cases from other Commonwealth countries.

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G. Other Organizations

CANADA

Canadian College of Construction Lawyers

  • The Canadian College of Construction Lawyers was established in 1997. Its purpose is "to facilitate and encourage the association of outstanding lawyers who are distinguished for their skill, experience and high standards of professional and ethical conduct in the practice or teaching of construction law and who are dedicated to excellence in the specialized practice of construction law." The Webpage of the CCCL includes  news, articles, links and other resources. The CCCL website contains two pages of construction law links:

Canadian Bar Association – Construction Law Section

Ontario Bar Association - Construction Law Section

UNITED STATES

American Bar Association - Litigation Division-
Construction Committee

American Bar Association - Section of Public Contract Law -Construction Division

American Bar Association - Section of Public Contract Law - Construction Claims Committee

National Construction Law Center

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