Construction disputes are frequently complex and technical in nature. Resolving such disputes in the justice system can leave all sides frustrated with the time and expense that compliance with the procedure demanded in court involves. Arbitration is often heralded as …Keep reading
A contractor is hired to renovate a bathroom, enters into a written contract, completes the work and is paid. A month later, the client calls back and asks for some minor work in a second bathroom. An engineer enters into …Keep reading
Construction contracts are often daunting stacks of paper. It is not uncommon for even basic standard form agreements to include fifty plus pages of general conditions, plus appendices, schedules and other attachments.
In reviewing such contracts, where does one start …Keep reading
In the recent decision of Thom v. Laird Custom Homes Ltd., 2017 BCSC 1577, the BC Supreme Court upheld the dismissal of an application by the Plaintiffs, Graham and Michel Thom, to add Hearth Architectural Inc. as a defendant to …Keep reading
A recent B.C. case has addressed the legal issues surrounding tower cranes and their infringement upon neighboring land. If followed, the case may significantly redefine the discussions between developers and adjacent owners over airspace rights.
The law in Canada is …Keep reading
The following article discusses the differences between traditional tendering contracts and request for proposals (or RFPs), in relation to the duty of good faith.
1. What is an invitation to tender?
The formative Canadian decision on the tendering process and …Keep reading
On September 15, 2016, the Supreme Court of Canada issued its highly-anticipated decision in Ledcor Construction Limited v. Northbridge Indemnity Insurance Company (“Ledcor”), which provides important guidance on the interpretation and application of standard “faulty workmanship” exclusions …Keep reading
In the recent decision of Buckle v. Timberview Developments Ltd., 2016 BCSC 1301, Justice Williams considered a petition by Steve Buckle (and his numbered company) to have a lien discharged from the title of a property in Whistler …Keep reading
Many owners, particularly large corporations or public entities, require contractors to provide a labour and material payment bond to ensure that sub-trades are paid and (hopefully) avoid protracted payment disputes. A typical labour and material bond creates a tri-partite relationship …Keep reading