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Does the standard form CCDC 2 contract address all Builders Lien Act issues which can arise?
No. The CCDC 2 contract is one which is not specific to British Columbia. This means that while there are some provisions relating generally to builders lien legislation, it is not specifically relating to our Builders Lien Act. In particular, the payment provisions of the CCDC 2 may not adequately meet your needs relating to timing of payments in relation to holdbacks, due diligence, and liens against holdback monies. However, before a CCDC 2 or other standard form contract is signed, the parties may agree to supplemental conditions which will ensure that the terms provide adequate protection and certainty to the parties.
For additional information on this topic, or any builders lien matter, please contact Amy Mortimore.
Related Topics:
Does a CCDC 9A Statutory Declaration provide complete protection to an Owner who pays out based on it?Disclaimer:
This FAQ section is for informational purposes only, for the
convenience of our visitors. While these questions and answers are
about legal issues, they are not a substitute for consultation with
a lawyer, and should not be relied on as a basis for any legal
decision. As with anything of a legal nature, different circumstances
can create different results.
