Archive for the ‘Construction’ Category

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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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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Losing Your Right to Recover: The Risks of Firing a Contractor for Deficient Work

By Jeremy Burgess
Categories: Blog, Construction, Litigation
In the case of Jozsa v. Charlwood-Sebazco, 2016 BCSC 78 (CanLII) the Plaintiff, Mr. Jozsa, was a very experienced landscape designer hired by Ms. Sebazco to complete landscaping at her home.

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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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When Municipal Building Inspections are not Enough

By Jeremy Burgess
Categories: Blog, Construction, Litigation
Too often, people mistakenly assume that because the home or renovations are done in accordance with architectural plans and within the requirements of the applicable municipality or district, that the home or renovations are sound.

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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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Patent vs. Latent Defects and Caveat Emptor

By Jeremy Burgess
The local housing market appears to be on the rise. While this is a good sign of our recovering economy, it is also an appropriate time for purchasers to remind themselves of some of the risks and their legal rights when purchasing a home. The maxim, “buyer beware” (or caveat emptor), applies to purchasing a […]

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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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HST To PST Transition Rules – New Obligations For Developers

By Bradley Cronquist
Categories: Blog, Construction, Tax
On November 13, 2012, Canada Revenue Agency announced new disclosure obligations for developers and builders which require particular information and statements to be included in purchase and sale agreements and statements of adjustments for the purchase and sale of new housing. This announcement is CRA GST/HST NOTICE 276 entitled “Elimination of the HST in British Columbia in 2013 – Transitional Rules for Real Property Including [...]

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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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Builders Liens In British Columbia

By Pushor Mitchell LLP
Categories: Blog, Construction
The British Columbia Builders Lien Act provides a lien for monies owed to an individual or a company who, supply labour and/or materials to a construction project on most lands in British Columbia.  A builders lien places limited responsibility on owners to protect not only their contractors but also subcontractors, workers, material suppliers and others, who do not contract directly with the owner.A multiple holdback system

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How Do I File A Claim Of Builder’s Lien In British Columbia?

By Pushor Mitchell LLP
Categories: Blog, Construction
An individual, partnership or company who has supplied labour or labour and materials to an improvement, on most lands in British Columbia, is entitled to file a claim of lien against the property title.  Renters of equipment, engineers and in some cases, architects are also entitled to file a CBL.  A lien claimant can file a lien without using a lawyer.  The claimant must complete a Form 5 – Claim of Builders Lien [...]

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Construction Group at Pushor Mitchell LLP

By Pushor Mitchell LLP
Categories: Blog, Construction
Construction involves a high degree of risk. Our construction lawyers have the knowledge and industry experience to guide clients through all phases of the construction project. Our clients include general contractors, subcontractors, construction managers, home owners and business owners. We offer assistance for any construction related issue encountered before, during or after construction including:  Builders’ […]

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Builders Liens And The Strata Property Act

By Pushor Mitchell LLP
Categories: Blog, Construction
In a fairly recent decision of our Supreme Court in W Redevelopment Group Inc. v Allan Window Technologies Inc., the court has provided some guidance as to the interpretation of section 90 of the Strata Property Act.  Section 90 allows a builders lien that has been filed against a strata lot to be discharged upon the posting of security proportionate to the unit entitlement of that strata lot compared to the total unit entitlement of [...]

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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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Riparian Areas Regulation – The Court’s First Consideration Of RAR In Yanke V. Salmon Arm

By Bradley Cronquist
Categories: Blog, Construction
The Riparian Areas Regulation (the “RAR”) was established under the Fish Protection Act S.B.C. 1997 c.21 (the “FPA”), and came into force on March 31, 2005.  RAR replaced the Streamside Protection Regulation (the “SPR/2001”), which was enacted under the FPA and came into effect in 2001.  RAR was implemented with the purpose of protecting riparian […]

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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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Security for Costs in Builders Lien Claims

By Pushor Mitchell LLP
Categories: Blog, Construction
In a recent decision the B.C. Court of Appeal has upheld a Supreme Court decision doing away with the requirement to post security for costs when an application is made to discharge a builder’s lien from title to lands. Section 24 of the Builders Lien Act provides a mechanism for an owner of land to […]

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Fixed Price Construction Contracts: Who pays for “EXTRAS”?

By Pushor Mitchell LLP
Categories: Blog, Construction
The courts have often approached this question with the view that a contractor will be required to pay for any costs the contractor knew or ought to have known about when tendering its bid on a construction project.  In the event that a contractor is required to perform extra work and incur additional expenses (the “Extras”) that were not expressly included in the fixed price contract, the Extra that should have been [...]

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