Articles & Publications

Publication, Staff | March 13, 2025 | Kai Hsieh

Discharging a Section 219 Covenant Without the Grantee’s Permission: An Application of Section 35 of the Property Law Act

Section 219 of the Land Title Act permits special covenants to be registered in the Land Title Office on title to land. These covenants (known as “Section 219 Covenants”) can only be granted in favour of specific organizations and entities. Section 219 Covenants must be in respect of the use of land or a building on or to be erected on land and, unlike common law covenants can impose positive obligations as well as restrictions on the landowner.

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

 

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Publication, Staff | February 12, 2025 | Kyle Laplante

Tariffs from the Contractual Perspective

In February 2025, after weeks of looming threats, the Trump administration announced its decision to impose a 25% tariff on Canadian imports, citing border security concerns. In retaliation, Prime Minister Justin Trudeau announced a reciprocal 25% tariff on American imports. Tariffs, both threatened and realized, stand to cause considerable strain on the construction industry…

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

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Publication, Staff | January 8, 2025 | Marcela Ouatu

Shop Drawings v. Contract Documents

There is a common misconception among owners and contractors that shop drawings are part of the contract documents under a typical CCDC construction contract. This misconception can affect the parties’ understanding of their contractual responsibilities and result in unintended legal consequences.

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

 

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Publication, Staff | November 13, 2024 | Kai Hsieh

Section 219 Covenants and Statutory Building Schemes on Upzoned Properties

When a local government “zones” property, they are, by bylaw, regulating the use, density and size of land and buildings within an area (or a “zone”), as permitted and in accordance with the Local Government Act. And for decades, the province has done little to interfere with the relatively free rein local governments have had in determining how properties are zoned.

As published in the NRCA’s Northern Construction Connection November 2024 Newsletter and VICA’s e-New.

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Publication, Staff | October 10, 2024 | Kyle Laplante

Cancellation and Rescission Rights Within Construction Contracts

Although developers continue to submit project proposals to strengthen local economies and increase affordable housing, there is a growing trend in which development projects are being cancelled. Readers will likely be familiar with a contract coming to a premature end because a party terminates the contract.

As published in the NRCA’s Northern Construction Connection October 2024 Newsletter and VICA’s e-New.

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Publication, Staff | September 11, 2024 | Marcela Ouatu

Arbitration Clauses in Construction Contracts: Drafting Considerations

It is now common for the parties to a construction contract to resolve their disputes by arbitration. Arbitration is a private binding dispute resolution method in which the parties have the flexibility to tailor the proceeding for the resolution of the matter including choosing the person that will decide the matter (the arbitrator) and the rules governing the proceeding.

As published in the NRCA’s Northern Construction Connection September 2024 Newsletter and VICA’s e-New.

 

 

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Publication, Staff | August 28, 2024 | Aidan Andrews

“But the Plans Came With It”: Cautionary Tales of Architectural Copyright Infringement

It happens all the time: one developer runs into financial difficulties with its project and another one swoops in, purchases the land and the plans, and completes it. Of course, when we say the second developer has ‘purchased the plans’, we really mean that they have purchased a licence to use those plans. In most cases, developers will not own the plans outright and will merely assign their rights and obligations under a design consultancy agreement to the purchaser.

As published in the NRCA’s Northern Construction Connection August 2024 Newsletter and VICA’s e-New.

 

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Publication, Staff | July 11, 2024 | Kyle Laplante

Building Contracts, Warranty of Fitness and Faulty Designs: Who is on the Hook?

When entering into building contracts, contractors should be made aware of the potential impacts and consequences of certain provisions, specifically those concerning warranties of fitness and guarantees of good workmanship. This article discusses express and implied terms related to warranties and the implications that arise when parties agree to adhere to specific materials and designs for construction which subsequently results in defective work.

As published in the NRCA’s Northern Construction Connection July 2024 Newsletter, and VICA’s e-New.

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Publication, Staff | June 12, 2024 | Marcela Ouatu

Holdback Liens Against Holdbacks Up The Construction Chain – Hi-Tide Shoring & Foundations (2012) Ltd. v Chandos Construction Ltd.

In the recent case of Hi-Tide Shoring & Foundation (2012) Ltd. v Chandos Construction Ltd., the British Columbia Supreme Court considered whether a sub-subcontractor on a construction project may claim a holdback lien against the holdbacks held up the construction chain or was limited to claiming against the holdback that relates to the sub-subcontractor’s own contract. The Court said that subcontractors may claim against holdbacks retained at each level of the construction chain up to the holdback retained by the owner. However, when it comes time to determine how much the subcontractor is paid for that claim of lien, section 34 of the Builders Lien Act may limit the amount the lien claimants may recover through such claims.

As published in the NRCA’s Northern Construction Connection June 2024 Newsletter, and VICA’s e-New.

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