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…
Changes to the scope of work are one of the most disputed areas in construction projects. It’s often an issue because changes usually increase costs and the parties dispute over who should cover the costs. This type of conflict can stem from many factors. A common cause is a lack of clarity or understanding of…
I recently received a letter from a reader asking what the consequences are of dying without a will? Surprising, just 55 percent of British Columbians have a signed, legally valid and up-to-date will. BC’s new Wills, Estates and Succession Act (“WESA”) dictates how your estate will be divided if you die without a will. It…
We are delighted that Nathan MacDermott has joined the Pihl Law team. Nathan was called to the Bar in May after completing his Articles with our firm. Nathan’s practice will be focused in commercial litigation and construction law, an area he is very familiar with having owned and operated a construction company in the Okanagan…
When entering into an agreement in relation to a construction project there are a large number of items that one must consider. One of the most important considerations is the form of the agreement. There are basically two main types of construction contract: fixed price; and cost-plus. When choosing which type of agreement one would…
