Over the past 25-30 years the tendering process has undergone an evolution that has seen some dramatic shifts in the legal analysis. This started in 1981 with the Supreme Court of Canada’s decision in Ron Engineering case that established the Contact A (the contract formed by the tender document and responsive bid) – Contract B…
“…the tongue is a small part of the body, but it makes great boasts…the tongue also is a fire…” James 3:5 (NIV) Last year, we reported on a Supreme Court of British Columbia decision chastising a Church over its failure to comply with its own bylaws. A former elder had sued the Church when he…
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…
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…
Giving money to a church, Christian work or other charity usually requires trust. You are trusting that the gift be used for the designated purpose. Many folks want to be generous, but what happens if that trust is broken? Trust is a legal concept and the action of trusting someone forms the basis of what…
Giving money to a church, Christian work or other charity usually requires trust. You are trusting that the gift be used for the designated purpose. Many folks want to be generous, but what happens if that trust is broken? Trust is a legal concept and the action of trusting someone forms the basis of what…
Within the construction industry context, an “estimate” is defined as “a statement of the approximate charge for work to be done, submitted by a person or business firm ready to undertake the work” by www.dictionary.com. By definition, an estimate is approximate, so the question begs: does a contractor have some leeway to charge more than…
Those involved in construction projects often face the necessity to remove liens filed pursuant to the Builders Lien Act. Sometimes this is to enable mortgage funds or construction draws to flow, and other times in order to simply remove inflated, out of time, or fraudulent liens. Despite this common situation, it seems rare that people…
A recent British Columbia Court of Appeal decision highlighted what is acknowledged to be a frequent problem in construction cases and “one that has admittedly no easy solution”. The problem: how to measure damages for breach of a construction contract; in this case, where deficiencies are alleged? FACTS A contractor built a home for an…
The Christian community has an on-going internal debate about the appropriateness of using the courts to protect or advance rights. People often quote I Corinthians 6 to me as authority for the proposition that Christians ought to stay out of the civil courts entirely. I do not want to debate that here as the scripture…