Articles & Publications

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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Publication, Staff | November 13, 2025 | Kai Hsieh

Return of Prompt Payment Legislation to British Columbia: A Summary of the Proposed Construction Prompt Payment Act

In 2019, we wrote about Bill M-223, which would have enacted the Builders Lien (Prompt Payment) Amendment Act, 2019 for the purpose of amending the Builders Lien Act. These amendments would have introduced prompt payment reforms to British Columbia (i.e., to statutorily require payment for construction services and material in a timely manner). The bill, however, did not pass first reading.

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

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Publication, Staff | October 9, 2025 |

Update on B.C.’s Infrastructure Projects Act: From Public Engagement to Regulation Drafting

Recall from our previous article entitled “B.C.’s Infrastructure Projects Act: Impact on Local Government Approvals” that the Infrastructure Projects Act (the “Act”) was introduced to expedite the approval processes necessary for delivering infrastructure projects in British Columbia. The legislation aims to streamline regulatory and approval requirements to accelerate the development of critical infrastructure projects across the province.

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

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Publication, Staff | September 11, 2025 |

The Importance of Delay Clauses in Construction Contracts

It is not uncommon for participants in the construction industry to operate under the assumption that claims for extensions of time or additional compensation related to delays cannot be made, if a construction contract does not contain express provisions addressing delays in the performance of the work. This is a misconception because the principles of contract law may still allow such claims, and this article highlights why including clear delay clauses in construction contracts is in the best interest of both owners and contractors.

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

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