Proper “Claimant” Under an L&M Bond
By Satinder Sidhu Labour and material payment bonds are meant to protect parties that contribute to a construction project as a subcontractor or supplier. To ... Continued
Mandatory Arbitration: Risks and Pitfalls in Construction Contracts and Disputes
By Scott Lamb and Rosalie Clark Proponents of arbitration for construction disputes often cite the process as being superior to litigation in the courts because ... Continued
Samantha Ip Speaking at American Bar Association’s The Future of Construction Law Conference
Join Clark Wilson LLP senior partner Samantha Ip as she speaks at the American Bar Association’s annual event, The Future of Construction Law Conference, which ... Continued
Two Kicks At The Can: Appeals Three Years Later Under the 2020 BC Arbitration Act
By Denny Chung The decision of Justice Dickson in A.L. Sims and Son Ltd. v. British Columbia (Transportation and Infrastructure), 2022 BCCA 440 [AL Sims], ... Continued
Webinar Now Available | Construction Law:
Year in Review
On February 28, 2023, our Infrastructure, Construction & Procurement group hosted a seminar, “Construction Law: Year in Review”. Speakers included Satinder Sidhu (Moderator), Roy Nieuwenburg, ... Continued
Lien Claims on Multi-Parcel Projects – Further Update
By Rosalie A. Clark We have previously reported on the decision of JVD Installations Inc. v Skookum Creek Power Partnership, 2020 BCSC 374, where the ... Continued
[Webinar] Construction Law: Year in Review
Successful construction projects depend on a solid understanding of the legal framework in which the parties operate. In 2022, Canadian courts considered a number of ... Continued
Owners Beware?
by Kim Do Can sophisticated parties in construction allocate risk in their respective contractual arrangements and then later circumvent such contracts to recover their losses ... Continued
What Prompt Payment Legislation Will Mean for Contracts and Projects in B.C.
In response to concerns from contractors over receiving full and prompt payment for their work, Ontario and other jurisdictions across Canada have implemented or are ... Continued
Pay Up: The Application of Pay-When-Paid Clauses in Construction Contracts
By Satinder Sidhu and Denny Chung The recent decision in Canadian Pressure Testing Technologies Ltd v EllisDon Industrial Inc., 2022 ABKB 649 illustrates the importance ... Continued
Case Comment: Parkbridge Lifestyle Communities Inc. v. New West Custom Homes (Kelowna) Inc., 2022 BCCA 299 – Interaction between the Builders Lien Act and the Land Titles Act
By Rosalie A. Clark and Dan W. Melnick In recent years, our courts have considered the interaction between lien rights that arise under the Builders ... Continued
Potential Liability of Developers for Dangerous Construction Defects
By Dan W. Melnick and Denny Chung It has often been assumed that a developer that is not involved in the physical construction of a ... Continued