Injurious Affection and Public Works: Claiming for Impaired Access to Property

For a few months during the summer of 2018, Fortis BC closed a long strip of Vancouver’s East 1st Avenue to conduct gas line work. A number of businesses on Commercial Drive have since indicated they are considering whether to …

Keep reading

Reprisal Clauses In Municipal Procurement Policies/Tender Documents

Are “reprisal” clauses in municipal procurement policies or tender documents unconstitutional, or contrary to public policy? That was precisely the question before the BC Supreme Court in its recent judgment in J. Cote & Son Excavating Ltd. v City of

Keep reading

Pay-When-Paid Clauses

When an owner refuses to pay its prime contractor, does the prime contractor in turn still have to pay its trade contractor? Many prime contractors anticipate this risk and attempt to shift it to the trade contractor with contracts that …

Keep reading

Pure Economic Loss: What is it and When Does it Bar a Construction Deficiency Claim?

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

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”), …

Keep reading

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 …

Keep reading

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 …

Keep reading

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 …

Keep reading

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 …

Keep reading

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 …

Keep reading