Builders Lien Removal in BC: Sections 23 and 24 of the Builders Lien Act Explained
The BC Court of Appeal’s decision in Kingdom Langley reaffirms that the Builders Lien Act creates separate lien rights against land and statutory holdback funds. We examine the distinction between a conventional builders lien and a Shimco lien, and explain why security posted under section 24 does not automatically replace the statutory holdback or extinguish a claimant’s separate rights against it.
Protecting Unpaid Accounts: Registering a Builders’ Lien in BC
Selecting the right construction contract is a critical decision for owners and contractors. We compare CCDC 2, CCDC 3, CCDC 4, CCDC 5A, CCDC 5B and CCDC 14, explaining how each procurement model allocates pricing, design, trade contractor and project administration risks. Learn how to select a contract structure that reflects your project’s scope, schedule and commercial objectives.
Choosing the Right Standard-form Construction Contract: CCDC 2, CCDC3, CCDC4, CCDC5A, CCDC5B and CCDC14
Selecting the right construction contract is a critical decision for owners and contractors. We compare CCDC 2, CCDC 3, CCDC 4, CCDC 5A, CCDC 5B and CCDC 14, explaining how each procurement model allocates pricing, design, trade contractor and project administration risks. Learn how to select a contract structure that reflects your project’s scope, schedule and commercial objectives.
The Legal Risks of Using AI to Manage Construction Disputes
AI can assist with construction project administration, but relying on it to manage a dispute can create significant legal risks. We explain how AI-generated correspondence, missed contractual notices and premature legal positions can compromise claims, increase litigation costs and make disputes more difficult to resolve. Early legal advice can help protect your position before a disagreement escalates.
British Columbia Court of Appeal Affirms Shimco Lien Principles
The BC Court of Appeal’s decision in Kingdom Langley reaffirms that the Builders Lien Act creates separate lien rights against land and statutory holdback funds. We examine the distinction between a conventional builders lien and a Shimco lien, and explain why security posted under section 24 does not automatically replace the statutory holdback or extinguish a claimant’s separate rights against it.
British Columbia Prompt Payment
British Columbia’s Construction Prompt Payment Act will introduce statutory payment deadlines and interim adjudication for construction disputes. We review the proposed implementation framework, proper invoices, notices of non-payment and adjudication timelines, together with related Builders Lien Act amendments. Drawing on experience in Ontario and Alberta, we consider the potential benefits and practical limitations of prompt payment legislation.