Recreational cannabis will be legal in Canada in two days: October 17, 2018. Adults who are 19 years of age and older will be permitted to legally possess, share, purchase and grow limited quantities of cannabis for personal use in British Columbia. This will add some level of increased complexity for employers, but in some…

Under Pressure: Putting the Job Before the Agreement

Homeowners and general contractors often find themselves under various pressures to complete work and advance the project. The rushed approach that often ensues can cause parties to overlook or postpone settling essential terms with subcontractors. The recent case of Limem Forming West Ltd. v. Stuart Olson Dominion Construction Ltd., 2017 BCSC 1485, highlights the dangers…

Getting Paid and Fixing Deficiencies

It can be very frustrating when a homeowner refuses to make the final payment because of seemingly inconsequential “deficiencies”. However, the BC Supreme Court made it clear in Constructum Developments Inc. v. Hogaboam, 2015 BCSC 1490, that a homeowner may be entitled to correction of all deficiencies before they are obligated to make the final payment. In fact, a contractor’s insistence on receiving final payment before fixing final deficiencies may actually result in a repudiation of the parties’ agreement.

Going Green the Smart Way

Greater demand from consumers and regulators in British Columbia for environmentally sustainable or “green” building practices suggests potential benefits for “green-contractors”. A common strategy is to adopt a labelling system that advertises compliance with defined environmental standards. Common examples of green-labels used in B.C.’s construction industry include the Energy Star label and the Built Green seals.

The Big Issue with Fixed-Price Construction Contracts

For most home owners considering a renovation or new build, price is one of the most important factors in determining the scope of their project, the finishing’s to select and what contractor to choose. For contractors, providing a client with budget certainty can be a significant selling point; thus, the appeal of fixed price construction