The right to build: A Prima Facie Right

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 …

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Case comment: RodRozen Designs Inc. v. 0977198 B.C. Ltd., 2016 BCSC 834

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 …

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How to navigate the subtleties of contract warranties

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

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Double security for lien claimants?: The Stuart Olson decision

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 …

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Posting security to discharge a lien…plus costs?

Most contractors and owners know that once a lien is filed against title, the only way that it can be removed from title (in the absence of an agreement between the parties) is for the owner or general contractor to …

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When a lien won’t help you

Contractors, trades, and workers commonly use the BC Builders Lien Act to protect and secure payment of their work. However, there are certain circumstances when filing a lien won’t help secure payment.  It is important to know when to file …

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Bankruptcy issues in construction

The construction industry has one of the highest rates of bankruptcies and insolvencies of any industry in Canada.  According to statistics tabulated by the Office of the Superintendent of Bankruptcy, in 2013 in British Columbia alone, there was a shortfall …

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The misunderstood Builders Lien

The subject of Builders Liens is much discussed, but little understood. Industry participants with considerable experience often still misunderstand many of the central rights and remedies provided by the legislation.

The following is intended as a primer (or …

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Incorporation by reference

Most trade contracts incorporate “by reference” the terms and conditions of the prime contract.

Are these clauses effective? Short answer: not really.

The general rule of interpretation is that a trade contractor is only bound by the terms of the …

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Release of holdbacks

An awful lot of cash sits every day in holdback accounts. That cash waits there, ever so patiently, until such time as somebody says or does the right things to have it released.

If you are an owner, this situation …

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