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
Court Of Appeal Confirms No Requirement To Post Security For Costs
As reported earlier, the Supreme Court of British Columbia held that, when making a “section 24 application” to remove a Claim of Builders Lien by ... Continued
Owners Under No Duty to Assess Feasibility of Project Before Tendering
In a new tendering law decision, the British Columbia Court of Appeal ruled there was no legal basis for a claim that the owners acted ... Continued
The Proposed Architectural Professions Act
The BC government, along with the Architectural Institute of British Columbia (“AIBC”) and other organizations, have developed the proposed Architectural Professions Act to replace the ... Continued
Builders Liens and Security for Costs
A recent decision of the BC Supreme Court has provided some good news for owners who wish to post security to have a claim of ... Continued
Builders Lien Act Update
There were a number of court decisions addressing claims of builders lien which were released in 2008. If the current economic climate continues, we can ... Continued
It’s Foggy Out There, So Dress For It
The Supreme Court of Canada has issued another ‘bidding and tendering’ decision, Double N Earthmovers Ltd. v. Edmonton (City), 2007 SCC 3. The reasoning in ... Continued
Changes in the Contract Work – CCDC 2’s General Condition 6
As we all know, there are almost always changes to the work during construction. If not handled properly, these changes can and will lead to ... Continued
Imperial Oil Ltd. v. Vancouver (City): Court Limits what City may Require from Developer – Off-site Soils Agreement
Note: this article was updated July 2009 As every land developer knows, the City of Vancouver has the power to impose or stipulate conditions when ... Continued
Continuing Responsibility of Owner in Builders Lien Action
The Supreme Court of British Columbia recently held that an owner remains a proper party to an action to enforce a claim of lien even ... Continued
“At Risk” Construction Management
“At Risk” Construction Management has become a hot topic recently. I’m sure folks have been practising it in different variations for a long time, without ... Continued