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.…
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.…
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 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…
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…
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…
