Subcontractor Tips and Tricks for CCA Contract Disputes

On , In Construction Law

If you are a subcontractor and a problem arises during a project, it is frequently in your best interest to address the problem immediately. If you wait too long, you may lose your right to raise a dispute against the general contractor and will likely face additional hurdles and costs to resolve the contract dispute.…


Liens and Remote Projects

On , In Construction Law

We live in a country with vast amounts of open space, which in turn leaves large tracts of unregistered lands. Large projects such as hydroelectric dams and sub-stations are often situated on these lands, obtaining rights to use the land short of ownership. Under the provisions of the Builders Lien Act, SBC 1997, ch. 45…


Protecting Against Tenant Created Builder’s Liens

On , In Construction Law

Kelowna’s reputation as a hot bed of entrepreneurialism is well earned and as a result, many people invest either in commercial real estate or in rental residential units. An owner of land, however, faces risk when their tenant engages in work within the premises.  If a contractor or sub-contractor goes unpaid, they may lien the…


Handling Changes During Construction

On , In Construction Law

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…


Is Mediation Right For You?

On , In Mediation & Arbitration

Spring is here and it’s that time of year when home owners want to change things around the house and consider getting some renovations carried out. A contractor is located, some plans are drawn up and things get started; unfortunately, sometimes what starts out as a positive project turns into a potential nightmare for both…


Using Legal Counsel to Proactively Manage Legal Risk

On , In Construction Law

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…


Small Renovations Can Equal Big Headaches if You Ignore Best Practices

On , In Construction Law

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…