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Category Archives: Construction

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Infrastructure Construction v. Private Enjoyment of Land – the Supreme Court of Canada Weighs In

Posted in Construction, Real Estate
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On March 7, 2013, the Supreme Court of Canada issued an important decision regarding the obligation of public authorities to compensate private landowners in circumstances where public infrastructure construction has interfered with the private use and enjoyment of land.  In doing so, the Court ruled that a court must weigh the overriding public good occasioned… Continue Reading

B.C. Supreme Court Rejects Certification of Proposed REDMA Class Action

Posted in Class Actions, Construction, Real Estate
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In June 2012, my colleague, Craig Ferris wrote about the B.C. Court of Appeal decision in 229 Burrard Residential Limited Partnership v. Essolat where the Court endorsed a strict application of the terms of the B.C. Real Estate Development Marketing Act (“REDMA”).  There, the Court set aside a pre-construction sales contract and ordered the return… Continue Reading

Construction Warranties: Are They Enforceable?

Posted in Commercial, Construction
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Based on a recent B.C. Court of Appeal decision, Greater Vancouver Water District v. North American Pipe & Steel Ltd., the answer is yes. This case serves as a clear direction to the construction community that the courts will hold contractors to the specifications and warranties they give about the services and products they intend… Continue Reading

Developers Beware – Strict Compliance with Closing Procedures Required by the BC Court of Appeal

Posted in Construction, Real Estate
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I previously wrote on the legal issues faced by developers of residential condominium projects in British Columbia relating to the Real Estate Marketing Development Act (“REDMA”). The focus on REDMA compliance must not, however, distract a developer from focusing on more basic contractual compliance which can also create enforceability issues.  A case in point is a… Continue Reading

Pulling in the Reins – Lien Holdback Liability Scaled Back

Posted in Construction
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Ever since the BC Court of Appeal (“BCCA”) decision in Shimco, practitioners and others have cried out for legislative amendments to the B.C. Builders Lien Act (the “Act”) which would see the elimination of a lien against holdback monies retained by owners and others down the contractual chain.  Prior to Shimco, such a lien was… Continue Reading