Liens – Extraordinary Remedy!
Our Court of Appeal has said that the Builders Lien Act (the “Act”) is a statute that creates extraordinary remedies. Without the Act, there is ... Continued
Contractor’s Warranty Triggered by Defect Arising From Owner’s Specifications
The recent decision of the British Columbia Court of Appeal in Greater Vancouver Water District v. North American Pipe & Steel Ltd. serves as a ... Continued
The new Limitation Act, 2012
The British Columbia government recently announced a proposed new Limitation Act which will materially change the rules for limitation periods in the Province. Similar reforms ... Continued
BC Court of Appeal confirms that the validity of liens should not be assessed on the merits on applications under s. 24 or 25 of the Builders Lien Act
The decision in West Fraser Mills. Ltd v. BKB Construction Ltd., 2012 BCCA 89 confirmed that under s. 24 and 25 of the Builders Lien ... Continued
Risk Management for Builders Liens
The Builders Lien Act allows companies and individuals who contribute work or services on a project to file a claim of lien directly on title, ... Continued
Priority Between Lien Claimants and Receiver
Our Court of Appeal in Bank of Montreal v. Peri Formwork Systems Inc., 2012 BCCA 4 recently had its first opportunity to consider whether builders ... Continued
Clarification on Limitation to Commence Lien Against the Holdback
The Builders Lien Act, S.B.C. 1997, c. 45 (the “Act”) and the well known Shimco case provide that the holdback required to be retained on ... Continued
The Statutory Declaration – Good to Get, but No Guarantee
The regime for construction contracting is like a pyramid, with labour and materials ascending from workers and suppliers through subcontractors to the general contractor and ... Continued
Owner-developer has to pay full amount of lien (not just the proportionate share relating to the individual strata lot) to discharge lien – section 90 not applicable
In W Redevelopment Group Inc. v Allan Window Technologies Inc., the court held that the owner-developer could not invoke section 90 of the Strata Property ... Continued
Is Your General Contractor Covered (Part 2)? SCC Rules on Insurance Coverage for Project Damage
The Supreme Court of Canada has just issued an important judgment on liability insurance coverage for developers, construction managers, and general contractors. The SCC reversed ... Continued
Common sense prevails in evaluation and award; post-closing qualification process
It is comforting to observe recent cases reinforcing that organizations issuing tenders or RFPs do not have to throw common sense or good judgement out ... Continued
New West Partnership Trade Agreement – TILMA expands to Saskatchewan
The New West Partnership Trade Agreement (NWPTA), among the Governments of British Columbia, Alberta and Saskatchewan, was signed on April 30, 2010. In general terms ... Continued