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…

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Gimme Shelter (Staying Behind the Corporate Veil)

 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.

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The Cost of Doing Business with Friends

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.

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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.

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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.

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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
contracts.

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A Clear View on Implied Contract Terms

One of the biggest challenges Canadian drivers face each winter is maintaining a clear view of the road ahead. Scraping windows, buying new wipers and topping up the washer fluid are all important steps we take to ensure we can see where we’re going at all times.

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