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
In the recent decision of Turney v. Langley (Township), 2016 BCSC 1099, Chief Justice Hinkson ruled on a building permit dispute between a landowner, Albert James Turney, and the Township of Langley. Mr. Turney purchased a 7.5-acre property in the …Keep reading
In the recent case of RodRozen Designs Inc. v. 0977198 B.C. Ltd., 2016 BCSC 834, Mr. Justice Bowden of the Supreme Court of British Columbia considered whether RodRozen Designs Inc. (“RodRozen”) was entitled to register a Certificate of Pending Litigation …Keep reading
Buried near the end of most construction contracts are contractual warranties. These clauses rarely receive much attention or comment but, a recent court decision has highlighted the risks inherent in these common clauses.
In Greater Vancouver Water District v. North …Keep reading
On September 18, 2015, the Supreme Court of Canada issued reasons for judgment in Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel, 2015 SCC 43. While in many respects the decision simply confirmed the remedies available to …Keep reading