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…
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…
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…
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…
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…
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…
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…
