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…
A number of years ago I wrote an article about the Ministry of Forest, Lands and Natural Resources’ decision to direct additional resources towards reviewing foreshore rights and enforcing the use and construction of docks, retaining walls and other structures along the shoreline. Giving the ongoing flood event in the Okanagan, it seems an opportune…
Changes in technology, construction practices and building codes are the primary focus of modernization within the construction industry. However, companies should also take the time to periodically review their construction agreements to ensure the agreements: (a) are up to date on changes in the law; (b) reflect how the company expects a job to proceed;…
There can be a perception that lawyers help paper a deal that has been already agreed to or that lawyers help you write letters and start lawsuits after a dispute has arisen. Unfortunately this perception is overly simplistic and, especially for small businesses and entrepreneurs, can end up costing significant legal fees that could have…
Homeowners and smaller contractors are often tempted to skip recommended practices when undertaking a small renovation. In many cases, little thought is given to the contract (and in some cases the only document is an invoice) and there is no attempt to comply with the Builders Lien Act. Although it is understandable that the parties…
