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
In my article dated December 11, 2011, I reported on a decision of the British Columbia Supreme Court holding that demolition is not an “improvement”
A recurring issue for construction and builders liens is whether the liens have priority over mortgage advances. One question which does not often arise is:
When a contractor pays money into court to discharge a lien of a sub-contractor, can that money only be used to discharge that lien holder’s
Update: The decision of the BC Supreme Court in West Fraser Mills Ltd. v. BKB Construction Inc., referred to in this article has since been
Courts have difficulty reconciling the rights of parties to arbitration when there are construction liens, cross claims, counterclaims and third party rights involved. How can
Construction Law – Construction liens – Marshalling The Construction Lien Act seems to be a world unto itself, unaffected by the general principles of law.
Construction Law – Construction Liens – Trust Fund Provisions The Ontario Court of Appeal has recently considered some interesting issues relating to the trust fund
Construction Lien Claims – Pre-Incorporation Contracts What happens when a pre-incorporation construction contract is made in the name of a company which does not do
The British Columbia Court of Appeal recently considered the constitutional limits of the Builders Lien Act of that province. In Vancouver International Airport Authority v.