The sheltering rights under the Construction Lien Act are fundamental protections for contractors, subcontractors and suppliers on a building project. But the definitions of
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
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.
