Articles & Publications

Publication, Staff | September 11, 2026 | Kai Hsieh

Is That Proper Easement?

Easements are pervasive in the use and development of land. In the construction process, they are used to permit a developer to install shoring into, or swing a crane into the airspace of, an adjacent parcel. Throughout and afterwards, they can, for example, be used to ensure a parcel can run utility lines over, get access through, or park on another parcel. For the uninitiated, an easement is, at its core, a right of one person over another person’s property. This raises an obvious question: what is the difference between an easement and another right of access and use such as a licence?

As published in the NRCA’s Northern Construction Connection September 2026 Newsletter and VICA’s e-New.

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Publication, Staff | August 12, 2026 | Diana Wang

Ignorance is Not Bliss – An Overview of Default Judgements in British Columbia

In the construction industry, disputes over payment, performance, delays, and contract obligations can lead to litigation. While parties are often focused on the merits of a legal claim, the outcome of a claim can be determined before those issues are ever considered by a court. If a defendant fails to respond to a claim within the required time, the plaintiff may be entitled to obtain a default judgment—a court order granted not because the claim has been proven at trial, but because the defendant did not participate in the proceeding.

As published in the NRCA’s Northern Construction Connection August 2026 Newsletter and VICA’s e-New.

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Publication, Staff | July 16, 2026 | Peter Mate

Privilege and Reprisal Clauses: Tipping the Balance

This article explores how local governments exercise broad discretion in awarding construction contracts through “privilege clauses”, including related “reprisal clauses”. “Tendering” is the process by which a person (an “Owner”), who intends to enter into an agreement relating to their land with another person (a “Contractor”), solicits binding offers.

As published in the NRCA’s Northern Construction Connection July 2026 Newsletter and VICA’s e-New.

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Publication, Staff | June 10, 2026 | Aidan Andrews

Shimco, Shim-go: Farewell to an Oddity

A curious chapter in British Columbia’s construction law history is coming to a close. With the enactment of the Construction Prompt Payment Act, the days of the much-maligned “Shimco lien” are numbered. Most readers will be familiar with a builders lien – if a person performs work or supplies material in relation to an improvement, that person has a lien over the land and improvement and the material supplied for the amount they have not been paid.

As published in the NRCA’s Northern Construction Connection June 2026 Newsletter and VICA’s e-New.

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Publication, Staff | May 21, 2026 | Kai Hsieh

When Does a Strata Subdivision Need Local Government or Approving Officer Approval?

Most strata plans are prepared and filed around the time construction of a building is complete. For new builds with conventional strata plans, local government or approving officer approval may not be required. However, for developers and builders hoping to avoid hiccups when completing their development or project where they involve stratification, they should be aware of certain scenarios where approval of a local government or an approving officer is required before depositing the strata plan.

As published in the NRCA’s Northern Construction Connection May 2026 Newsletter and VICA’s e-New.

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Publication, Staff | April 8, 2026 | Aidan Andrews

Development By Water: A Short and Dense Primer on BC Riparian Area Protection

There can be any number of issues arising in development from the physical features of a site and the complex web of regulation relating to those features. Just one aspect for developers to keep in mind is how a site’s proximity to a watercourse, waterbody or wetland may impact their plans. British Columbia’s Riparian Areas Protection Act authorizes the Lieutenant Governor in Council to, by regulation, establish directives regarding the protection and enhancement of riparian areas considered to be subject to residential, commercial or industrial development.

As published in the NRCA’s Northern Construction Connection April 2026 Newsletter and VICA’s e-New.

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Publication, Staff | March 12, 2026 | Kai Hsieh

What Happens if Your Building Extends Into, Above or Below a Municipal Sidewalk

Every property owner probably knows roughly where their property begins and ends. However, without having a survey done, they likely aren’t aware of their property’s exact boundaries and may be unaware that part of their building on their property is actually encroaching onto another property.

As published in the NRCA’s Northern Construction Connection March 2026 Newsletter and VICA’s e-New.

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Publication, Staff | February 11, 2026 | Aidan Andrews

Crossing the Line: Trespass, Nuisance, and Construction Cranes

As readers well know, construction can bring with it a high risk of disruption to properties in the surrounding area, especially projects of a more significant scope and scale. Noise, dust, exhaust, and the passage of workers and equipment can all affect neighbours in negative ways, leading to legal consequences that can increase the cost of construction substantially or even bring construction to a halt.

As published in the NRCA’s Northern Construction Connection February 2026 Newsletter and VICA’s e-New.

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Publication, Staff | January 14, 2026 | Kai Hsieh

Changes to Payment of DCCs, ACCs and SSACs Are Now In Effect

When a developer obtains subdivision approval or a building permit, they may be required to pay one or more of the following: (a) local government development cost charge (“DCC”) pursuant to Section 559 of the Local Government Act, (“LGA”); (b) an amenity cost charge (“ACC”) pursuant to Section 570.2 of the LGA; and (c) a school site acquisition charge (“SSAC”) pursuant to Section 572 of the LGA, in addition to other charges that may be imposed by government bodies.

As published in the NRCA’s Northern Construction Connection January 2026 Newsletter and VICA’s e-New.

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Publication, Staff | December 11, 2025 | Aidan Andrews

Professional Reliance Act Proposal Ruffles Feathers

Bill M216, the Professional Reliance Act, has generated greater interest than many members’ bills, with its proposal on streamlining development approval procedures eliciting strong comments for and against. What some of those comments represent is a more fundamental disagreement about the status of technical professionals and the meaning of their work.

As published in the NRCA’s Northern Construction Connection December 2025 Newsletter and VICA’s e-New

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