In Mission Creek Mortgage Ltd. v. New Recreations Ltd., the British Columbia Court of Appeal recently held that a lienholder whose liens had been discharged
When a contractor posts a bond to secure the construction builder’s lien claim of its subcontractor and the subcontractor discharges its lien, does the contractor
Payment bonds come in various shapes and sizes and it is important to read them carefully before concluding what they bond. They may not just
There are several different remedies provided in construction and builders lien legislation that do not necessarily fit together well. Two remedies available to a subcontractor
A pay when paid clause is one of the more contentious contractual provisions in the construction industry. That clause typically says that the subcontractor is
What Is The Priority Between Building Mortgages And Construction Liens In Respect Of Holdback Amounts Greater Than The Statutory Holdback?
The priorities between lienholders and mortgagees under the Construction Lien Act are not easy to understand. They are even more difficult to understand and apply
The sheltering rights under the Construction Lien Act are fundamental protections for contractors, subcontractors and suppliers on a building project. But the definitions of
Does A Mediation Agreement Suspend The Limitation Period Or The Period To Set Down A Lien For Trial?
An agreement to mediate is often found in arbitration and building contracts. Yet, the impact of mediation upon court or arbitral proceedings is uncertain. Does
What are the limits of the trust fund liabilities under the Construction Lien Act? Those liabilities do not just apply to a contractor or subcontractor
Most standard form building contracts provide for the incorporation of the main contract into the subcontract. For instance, GC 3.7.1 of the CCDC 2 Stipulated