Duty of Good Faith and Honest Performance Extended to All Contracts in Canada
On November 13, 2014, the Supreme Court of Canada updated Canadian common law by extending for the first time the principle of good faith to ... Continued
MASH Sector Needs to Brace for Possible New Era in Procurement – Canada-EU Comprehensive Economic Trade Agreement (CETA)
Until now, the MASH (municipal, academic, schools and hospitals) sector has in practice been relatively unscathed by federal trade agreements, such as the Agreement of ... Continued
Final Certificate of Payment – final no more
BC Supreme Court declines to apply final payment certificate release to deny previously unstated claim for interest on late payments BC Supreme Court decision in ... Continued
How to Best “Keep the Funds Flowing”, While Dealing With a Holdback Lien
The claim of lien created by the Builders Lien Act, R.S.B.C. 1996, c. 45 (the “Act”) provides a powerful mechanism for a contractor or a ... Continued
Understanding authority levels – applied to RFPs and tenders
In a recent article titled “Understanding authority levels” that appeared in the Journal of Commerce (June 17, 2013 issue), Stephen Bauld (a procurement consultant and ... Continued
Ebb and flow of courts’ enforcement of contract notice requirements
A long line of Canadian court decisions have looked at the issue of whether the contractor’s compliance with contract notice requirements is a condition precedent ... Continued
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