Whose burden is it anyway? : Reducing the amount of security paid into court to secure a lien claimant’s claim

In a recent decision, Centura Building Systems (2013) Ltd. v. 601 Main Partnership, 2018 BCCA 172, the British Columbia Court of Appeal confirmed that a court’s inquiry under s. 24 of the Builders Lien Act (the “Act”), …

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The Perils of Pre-Sale Condo Contracts

Pre-sale condo contracts are commonplace in the hot real estate market of Metro Vancouver. In the majority of cases, the condo development is completed without issue and the purchasers often reap the rewards of rising values. However, a recent application …

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Does Arbitration Deliver?

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 …

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Affirming an Owner’s Right to Rely on a Privilege Clause: Surespan Construction Ltd. v. Saskatchewan

In the recent decision of Surespan Construction Ltd. v. Saskatchewan, 2017 SKQB 55, the Saskatchewan Court of Queen’s Bench dismissed a summary judgment application brought by the Plaintiff, Surespan Construction Ltd., against the Saskatchewan Ministry of Highways and Transportation …

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Beware the Subsequent Contract

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 …

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Missing the forest for the trees in construction contract review

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 …

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Sanctity of contracts trumps court’s sympathy for delay in bringing claim: Thom v. Laird Custom Homes Ltd.

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 …

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Clearing the air around air space rights

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 …

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Legal Basics of Procurement – Part 2 (Duty of Good Faith)

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 …

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Supreme Court of Canada provides guidance on “faulty workmanship” exclusions in all-risk insurance policies

On September 15, 2016, the Supreme Court of Canada issued its highly-anticipated decision in Ledcor Construction Limited v. Northbridge Indemnity Insurance Company (“Ledcor”),[1] which provides important guidance on the interpretation and application of standard “faulty workmanship” exclusions …

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