Payment of Holdback to Discharge Liens: An Update
By Dan W. Melnick and Pavneet Grewal A recent decision of the BC Supreme Court is of significance to owners or general contractors seeking to ... Continued
Cautionary Note: When an Owner Should not Advance Payment to the Contractor
By Satinder Sidhu and Pavneet Grewal A recent decision of the British Columbia Supreme Court, Lonsdale Quay Market Corporation v Klondike Contracting Corporation, 2024 BCSC ... Continued
A Review of Negligence Claims for Construction Defects – Has the law changed?
When defects arise in a building or residence, an owner’s ability to claim against those responsible for the defective work depends on a variety of ... Continued
The Dirt on Exclusion Clauses
By Roy Nieuwenburg, K.C. and Scott Lamb Exclusion clauses, contractual terms that restrict or limit the rights of a party to a contract, have received consideration ... Continued
Avoid Nightmares in Dream Home Construction: The Importance of Carefully Drafting and Following Your Construction Contract
Ellcar Ventures Ltd. v. MacLeod, 2023 BCSC 2095 reminds all construction stakeholders to pay close attention when drafting and executing their contracts. Where possible, include ... Continued
Lien claimants beware: inflated claims of liens can cost you
By Dan W. Melnick Pursuant to the Builders Lien Act, SBC 1997, c. 45 (the “Act”), a contractor, subcontractor, or worker is entitled to a ... Continued
Owners Beware? An Update from the BC Court of Appeal
By Kim Do We previously summarized the decision of Centurion Apartment Properties Limited Partnership v. Loco Investments Inc, 2022 BCSC 2273, wherein the BC Supreme ... Continued
When is an Inflated Lien an Abuse of Process?
The Builders Lien Act, SBC 1997, c. 45 (the “BLA”) provides contractors with a powerful tool to protect them from being exploited: lien claims. ... Continued
Update on Owner’s Liability for Construction Safety
By Scott Lamb On November 10, 2023, the Supreme Court of Canada released its decision in R v. Greater Sudbury (City), 2023 SCC 28. This ... Continued
Clark Wilson Welcomes New Associate Jacob Foster
We’d like to warmly welcome the newest member of our Insurance, Insurance Coverage, and Infrastructure, Construction & Procurement groups, Jacob Foster. Jacob’s litigation practice covers ... Continued
Lien Filing Deadlines In The Absence of a Head Contract
By Kim Do A clear understanding of the time limits for filing a lien under the Builders Lien Act, SBC 1997, c 45 (the “BLA”) is ... Continued
Proper “Claimant” Under an L&M Bond
By Satinder Sidhu Labour and material payment bonds are meant to protect parties that contribute to a construction project as a subcontractor or supplier. To ... Continued