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…
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…
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…
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;…
