In light of the impact the COVID-19 pandemic is having on all industries throughout the world, this article will discuss how a force majeure clause could impact a construction project. Although outside of the standard form construction contracts (i.e. CCDC contracts) each contract will likely have its own specific language relating to force majeure events.…
The current version of the Builders Lien Act, SBC 1997, ch. 45 (the “Act”) is legislation put into place by the Province to provide security and certainty for parties engaged in the construction of improvements. Unfortunately, the Act contains a number of provisions that make it difficult to understand and in some cases difficult to…
We are delighted that Remy Ventura has joined the Pihl Law team. Remy has recently relocated to Kelowna from the Maritimes where she completed her Juris Doctor at the University of New Brunswick. Remy is looking forward to building a litigation practice with our firm. Contact Remy if you are looking for a friendly, intelligent, hardworking professional to provide…
Section 7 of the Builders Lien Act allows for what is commonly known as the progressive release of the holdback funds during the course of a project. These provisions of the Act are commonly used on larger projects to allow subcontractors to receive the holdback funds in relation to their specific work by requesting the…
It’s that time of year when ‘fun in the sun’ in the Okanagan gives rise to a host of individual and family activities in or on the lake. Since I moved to Kelowna with my family 47 years ago, there’s been a large increase in our population. With this, comes an increase in the number…
Entering into a commercial lease is rarely a temporary decision. Further, being locked into a lease that doesn’t work for your business can result in a struggle that could lead to unintended costly outcomes. Due to the long-term nature of the agreement, listed below are some key terms that landlords and potential tenants should consider…
A builder’s lien is a legal interest that can be registered on title to a property as security for an alleged debt for work or materials in relation to an improvement. Having a lien placed on the title to your property can come as a shock and can cause issues for the owner of the…
The media has recently reported on RCMP warnings regarding supposed repair contractors offering discounted and shoddy or fraudulent work. Although it is always tempting to try to keep costs as low as possible, it is important to have an up-front discussion about the scope and nature of the agreement and to reduce the agreement to…
Estate planning is rarely on the top of anyone’s to-do list. People avoid it for many reasons: they are too busy, they don’t want to think about death, they don’t understand why they need to do it, or they think it doesn’t apply to them. Sound familiar? April 7 to 13, 2019 is Make-a-Will-Week in…
The Builders Lien Holdback is a point of confusion amongst parties involved in all types of construction projects. The holdback is in place to limit the liability of parties in the payment chain of a project while setting aside some funds for unpaid parties lower on the chain. Many believe that a holdback is not…
