Author Archive

Details Are Important When Completing a Claim of Builders Lien

By Mark Danielson
Categories: Blog, Construction
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

By Mark Danielson
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?

By Mark Danielson
Categories: Blog, Construction
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

By Mark Danielson
Categories: Blog, Real Estate
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

By Mark Danielson
Categories: Blog, Construction
Building contracts sometimes arise from an invitation to tender.

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LawTalks: Business Law Today

By Mark Danielson
Categories: Construction, Firm News
Pushor Mitchell is pleased to present "The Tender, the Contract and the Builders' Lien: The Basics of Construction Law."

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Am I Required to Maintain a Builders Lien Holdback ?

By Mark Danielson
Categories: Blog, Construction
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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Use It Or Lose It! Builders Lien Claimants Must Prosecute Claims Diligently or Risk Losing Their Security

By Mark Danielson
Categories: Blog, Construction, Litigation
Our courts regard claims for builders liens (“CBLs”) as extraordinary remedies because they allow one to encumber another’s land before proving, in court, that person owes them money.

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How Closely Related Must Work be to a Project to Give Rise to a Builders Lien?

By Mark Danielson
Categories: Blog, Construction, Litigation
I am often asked whether a person may claim a builders lien for the supply of work or materials to a construction project where the right to do so is not obvious.

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I Might Be Too Late To File A Builders Lien – Should I File One Anyway?

By Mark Danielson
Categories: Blog, Construction
The Builders Lien Act, S.B.C. 1997, c. 45 (the "Act") prescribes multiple time limits for filing a claim of lien. Generally, these time limits run from 45 days from the occurrence of a triggering event. It is often difficult to determine when, or if, such a triggering event has occurred. I am asked by clients who think they may be unable to file a claim of lien due to the expiry of the applicable time limit: (a) whether they should file a [...]

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Participants In Illegal Construction May Have No Remedy In Court

By Mark Danielson
Categories: Blog, Construction
The Supreme Court of British Columbia recently held that a party that submitted misleading plans to a municipality to obtain a building permit had no remedy in court even though it may have suffered damages. In Shafazand v. Whitestone Management Ltd., 2014 BCSC 21, a contractor was engaged by a construction manager to build a residence for a property owner who wished to have an illegal suite constructed in the residence. The owner instructed [...]

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Court Confirms Holdback Liens May Be Removed In Exchange For Security

By Mark Danielson
Categories: Blog, Construction
The Builders Lien Act, R.S.B.C. 1996, c. 45 (the “Act”) provides a means for workers to secure payment of a claim against lands which have been improved by their materials or labour. However, in Shimco Metal Erectors Ltd. v. Design Steel Constructors Ltd., 2003 BCCA 193 (“Shimco”) the British Columbia Court of Appeal confirmed that […]

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Avoiding The Builders Lien Act May Be A Costly Mistake

By Mark Danielson
Categories: Blog, Litigation
A drawback of British Columbia’s Builders Lien Act, S.B.C. 1997, c. 45 (the “Builders Lien Act”) is that the cost of enforcing a lien relative to the amount in dispute may be prohibitive. A builders lien must be enforced in the Supreme Court of British Columbia even if the value of the lien is within the monetary jurisdiction of Small Claims Court (i.e. $25,000.00 or less).

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An Important Consideration When Settling Construction Disputes

By Mark Danielson
Categories: Blog, Construction
There may be many disputes over the course of a residential construction project. These disputes are often resolved through negotiation and without resorting to litigation. However, if such disputes escalate and litigation is commenced, the parties to the dispute may quickly multiply as each party seeks to spread the blame for a problem among other participants in the project’s construction. For instance, a dispute between an owner and [...]

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Court Confirms Restrictions On Ability To Remove Builders Liens Quickly And Economically

By Mark Danielson
Categories: Blog, Construction
In West Fraser Mills Ltd. v. BKB Construction Inc., 2012 BCCA 89, the British Columbia Court of Appeal confirmed restrictions upon the ability use certain provisions of the Builders Lien Act, S.B.C. 1997, c. 45 (the “Act”) to remove lien claims from land quickly and economically. The decision is also notable because it casts doubt on a lower court’s finding that removal of equipment of land did not constitute lienable work [...]

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Court Clarifies When “Termination” And “Abandonment” Occur Under The Builders Lien Act

By Mark Danielson
Categories: Blog, Construction
The Builders Lien Act, S.B.C. 2007, c. 45 and the Strata Property Act, S.B.C. 1998 set out five triggering events from which the time to file a claim of lien starts to run:1.    The issuance of a certificate of completion;2.    Actual completion of a head contract or improvement;3.    Abandonment of a head contract or improvement;4.    Termination of a head contract or improvement; [...]

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Court Clarifies When A Lien May Be Filed For Off Site Work

By Mark Danielson
Categories: Blog, Construction
In Action Holdings Ltd. v. Trend Homes Ltd., 2011 BCSC 381, the Supreme Court of British Columbia clarified when a claim of builder’s lien may be filed for work that is not done on the land subject to the claim of lien. 

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Court of Appeal Overturns Award for Business Losses from Construction Disruption

By Mark Danielson
Categories: Blog, Construction
Court of Appeal Overturns Award for Business Losses from Construction Disruption

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Is The Air Space Above A Strata Lot The “Common Property” Of The Strata Corporation?

By Mark Danielson
In Chan v. Owners, Strata Plan VR-151, 2010 BCSC 1725, the Supreme Court of British Columbia considered the ability of a strata corporation to regulate the air space above a strata lot – an issue that had not been considered in the context of the Strata Property Act, S.B.C. 1998, c. 43 (the “SPA”) or its precursor legislation. Chan also demonstrates that purchasers should be wary of assurances of “grandfather [...]

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Court Finds Coverage for General Contractor for Construction Deficiencies

By Mark Danielson
Categories: Blog, Construction
In Progressive Homes Ltd. v. Lombard General Insurance Company of Canada 2010 SCC 33, the Supreme Court of Canada (“SCC”) held that a general contractor’s defective workmanship could constitute an “accident” for which coverage was available under its commercial general liability (“CGL”) insurance policies. The decision reverses a previous decision of B.C.’s Court of Appeal and resolves [...]

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What is “Lock-up” and When Does it Occur?

By Mark Danielson
Categories: Blog, Construction
These questions were not considered by a Canadian court until the recent British Columbia Supreme Court decision of Skadberg Construction v. Buchholz, 2010 BCSC 869.

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