A construction deficiency claim is often based on the cost to repair the deficiency. The plaintiff is required to expend money to repair and seeks to recover those costs from the parties that negligently designed and constructed the building. However, …Keep reading
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”), …Keep reading
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 …Keep reading
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