Author: Mark Danielson

Mark Danielson

Mark is a litigation lawyer and partner with Pushor Mitchell LLP.  His practice focuses on construction disputes, builders liens, real estate and commercial disputes, and debtor/creditor claims.  He is also…

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Construction Disputes And Contractual Interest Clauses

When disputes arise on construction projects, a party sometimes withholds payment from another pending resolution.
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Court Finds Notice of Termination of Contract to Subcontractors Not Required to Start Lien Filing Period

The Builders Lien Act establishes mandatory deadlines for the filing of builders liens against title to land in British Columbia.
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Considerations for Construction Projects during the COVID-19 Pandemic

The COVID-19 virus has created uncertainty in the financing for many construction projects. The virus’s impact has caused some lenders to reassess project viability and, in some instances, withdraw financing before or after construction has commenced.
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Extensive Changes to Builders Lien Act Proposed

The British Columbia Law Institute released its “Consultation Paper on the Builders Lien Act.”
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Ten Common Builders Lien Act Misconceptions

An important object of the Builders Lien Act is to assist those who contribute their work and materials to a construction project in being paid.
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BC Court Considers the Role of Fundamental Breach in Termination of CCDC Contracts

Canadian Construction Documents Committee (“CCDC”) standard form contracts often govern the relationship between owners and general contractors for construction projects in Canada.
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Details Are Important When Completing a Claim of Builders Lien

A party claiming a builders lien must do so by filing a “claim of lien” in the form prescribed by the Builders Lien Act.
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Court Awards Damages for Unauthorized Use of Architectural Plans and Drawings

The recent decision of Ankenman Associates Architects Inc. v. 0981478 raises some interesting issues surrounding the intersection of copyright law, construction law, and the foreclosure process.
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Arbitration and the Builders Lien Enforcement Process – Due for Change?

Arbitration is a process for resolving disputes outside of the courtroom.
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Notice of Interest under the Builders Lien Act – An Important Protection for Landlords

Section 1 of the Builders Lien Act, S.B.C. 1997, c. 45 (the “Act”) defines an “owner” as anyone with a legal or equitable interest in land.
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Typo Leads to Non-Compliant Tender

Building contracts sometimes arise from an invitation to tender.
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Am I Required to Maintain a Builders Lien Holdback ?

Most building projects involve a “chain” of contracts entered into among the owner and contractor, and the contractor and its subcontractors, and so forth.
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About Legal Alert

Pushor Mitchell’s “Legal Alert Blog” evolved from our long-running “Legal Alert” client newsletter. Here, we share news our clients need to know, such as changes to the law, major case decisions, industry trends, and other legal issues that affect people and organizations in B.C. Occasionally, we also share firm news and announcements, as well as stories about our involvement with community groups throughout the Okanagan.

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