Daily Archives: September 27, 2007

Subcontractors Beware – The Owner Owes No Duty to You in Tendering

In the last issue we considered the recent decision of the BC Court of Appeal in Tercon Contractors Ltd. v. British Columbia (“Tercon”), which held that an owner could accept a non-compliant bid because the exclusion/privilege clause was drafted to allow for this possibility. This was not good news for general contractors as it gives…

Hide and Seek: The Law of Patent vs. Latent Defects

The Latin maxim “caveat emptor” or buyer beware is a warning that strikes fear into the heart of many a homebuyer.  It is also the principle behind much of the law relating to potential construction defects in a property.  Generally we accept that it is the buyer’s responsibility to satisfy themselves about the quality of…