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April 2004

Non-conforming Bids: A Valid Means of Avoidance?

Most people involved in construction contract bidding are aware of the Contract A/Contract B obligations created by the Supreme Court of Canada in the Ron Engineering case. These obligations were previously discussed in an article in the March 2002 issue of Construction Law Bulletin entitled "No 'Contract A' if you say so clearly". Please contact us if you would like to get additional copies of this article or you can reference our website at www.cwilson.com/newsletters/construction/clb-mar02.htm#4.

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Special BLA Considerations for Subcontractors Supplying Materials

By Amy Mortimore

Under the previous Builders Lien Act, RSBC 1979, c. 40, contractors and subcontractors who supplied material only were separately defined as "material men". In the current Builders Lien Act, S.B.C. 1997, c.45 (the "BLA"), however, there is no longer such a distinction. The definitions of both "contractor" and "subcontractor" include those persons who supply material but do not provide any work to an improvement.

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