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…
The purpose of a labour and material payment bond is to provide a form of security to labour and material suppliers on a construction project by giving them a right to claim against a surety (typically an insurance company) if they are not paid for their work by the bond’s principal (such as a…
WHEN TIME ISN’T ON YOUR SIDE A contractor may be asked to provide a homeowner with an estimated schedule for completion before a project starts. While there are always contingencies and unforeseen circumstances, projects can get delayed and extend well past expected deadlines. As was made clear in Sanwo Enterprise Ltd. v. Huang, 2018 BCSC…
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…
In a recent Small Claims case of Lund v. Appleford Building Company Ltd., a general Contractor (the “Defendant”) learned the importance of due diligence and paying heed to its clients’ concerns and high expectations.
Incorporating your construction business has many clear advantages, one of which is personal liability protection under the “corporate veil”. The so-called corporate veil refers to the shelter one receives in their personal capacity when their company is being sued; essentially, they are shielded from personal liability.
British Columbia’s competitive construction industry sees its fair share of intense bidding wars between contractors.
When undertaking a significant construction project, it often helps to know someone in the industry. However, a recent decision of the BC Supreme Court highlights the problems that can arise when doing business with friends or family.
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.
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.
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
Carelessness in providing an estimate to a client can have serious repercussions when it comes to claiming entitlement to final payment.
Even where a construction project is performed by a qualified professional contractor, it is not uncommon for some deficiencies to require correction at a project’s end.