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
Mandatory Arbitration: Risks and Pitfalls in Construction Contracts and Disputes
By Scott Lamb Proponents of arbitration for construction disputes often cite the process as being superior to litigation in the courts because it is quicker ... Continued
Samantha Ip Speaking at American Bar Association’s The Future of Construction Law Conference
Join Clark Wilson LLP senior partner Samantha Ip as she speaks at the American Bar Association’s annual event, The Future of Construction Law Conference, which ... Continued
Two Kicks At The Can: Appeals Three Years Later Under the 2020 BC Arbitration Act
The decision of Justice Dickson in A.L. Sims and Son Ltd. v. British Columbia (Transportation and Infrastructure), 2022 BCCA 440 [AL Sims], provides a recent ... Continued
Lien Claims on Multi-Parcel Projects – Further Update
We have previously reported on the decision of JVD Installations Inc. v Skookum Creek Power Partnership, 2020 BCSC 374, where the BC Supreme Court upheld ... Continued
Case Comment: Parkbridge Lifestyle Communities Inc. v. New West Custom Homes (Kelowna) Inc., 2022 BCCA 299 – Interaction between the Builders Lien Act and the Land Titles Act
By Dan W. Melnick In recent years, our courts have considered the interaction between lien rights that arise under the Builders Lien Act, RSBC 1997, ... Continued
Case comment: Urban Mechanical Contracting Ltd v Zurich, 2022 ONCA 589
By Roy Nieuwenburg QC and Manveer Sall Can a surety / bond issuer (in this case Zurich Insurance Company) rescind performance and payment bonds, based ... Continued
Case Comment: Procedural Requirements for Relief under the Builders Lien Act
We have previously reported on decisions that have been released by our courts this summer regarding the importance for lien claimants to follow proper procedure ... Continued
Upcoming Webinar: Risk Management on Construction Projects
No construction project is free from risks including damage to property, cost escalations, poor performance, defects, and so forth, but there are a number of ... Continued