That’s Totally Deficient

That’s Totally Deficient   There are at least three certainties in every contractor’s life:  death, taxes, and disputes around construction deficiencies.   Disagreements over whether work is, in fact, deficient, can be difficult to resolve.  It is not uncommon for homeowners to have unrealistic expectations of perfect construction practices.  At the same time, there is…

Fire! Fire! Force Majeure Clauses

Fire! Fire! Force Majeure Clauses Particularly since the outbreak of the COVID-19 pandemic, contractors and other companies are increasingly more interested in implementing force majeure clauses in their contracts.  A force majeure clause operates when uncontrollable circumstances or events (e.g. war, natural disasters, or extreme weather) prevent a party from fulfilling their obligations under a…

No Room for Mistakes: Or Is There?

No Room for Mistakes: Or Is There?   Strict compliance with the Builders Lien Act (“BLA”) is generally required to ensure that builders liens are enforceable. So, what happens when there are errors on the lien or mistakes with other procedures under the BLA? The case of Toska Woodworking Inc. v Balazadeh-Nayeri, 2020 BCSC 1378…

Standard Form Contracts and the Mysterious Amendment

Standard Form Contracts and the Mysterious Amendment Many contractors appreciate the importance of utilizing written contracts for their construction and renovation projects.  Standard form contracts such as those developed by the Canadian Construction Documents Committee (the “CCDC”) can be particularly useful when employed correctly. There are risks, however, with blindly using standard form contracts that…