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
Business as usual: Tercon Contractors Ltd. v. The Province of BC – Supreme Court of Canada
The long awaited judgment of the Supreme Court of Canada in Tercon Contractors v. British Columbia was announced February 12, 2010. We issued a brief ... Continued
Supreme Court of Canada Issues Long Awaited Judgment in Tendering Case: Tercon Contractors v. British Columbia
A British Columbia tendering dispute that first went to court in 2006 has finally came to an end this morning. The Supreme Court of Canada ... Continued
Preferred Status for Aboriginal Groups and Procurement
When the Crown contemplates conduct that might adversely impact the potential existence of Aboriginal rights of an Aboriginal group, the Crown has a duty to ... Continued
Lien Times for Lenders: Plan with Care
From time to time, we receive questions about court decisions from other provinces. One Ontario case which has garnered some interest in British Columbia is ... Continued
Ontario Court of Appeal Rules that Acting in Good Faith is Not a Defence to a Breach of Contract
In Maystar General Contractors Inc. v. Newmarket (Town), 2009 ONCA 675, contractors submitted bids to the Town of Newmarket for the construction of a $35 ... Continued