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.
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.
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.
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.
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.
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.
In addition to the slew of changes made to the Local Government Act and Community Charter last year and earlier this year, British Columbia’s recently-enacted Housing Statutes Amendment Act, 2024 came into force on April 25, 2024. Accordingly, developers and contractors should be aware of potential changes coming to their municipality or regional district that may affect future building projects.
As published in the NRCA’s Northern Construction Connection May 2024 Newsletter, and VICA’s e-New.
Land developers and builders will be familiar with the decision-making powers over land use that are conferred to British Columbia local governments under the Local Government Act as well as the required approvals that are needed from these public bodies where a proposed land development project requires an amendment to the official community plan or a rezoning of the lands prior to proceeding with the project. The recent decision of Fergus Creek Homes Ltd. v. Surrey 2024 BCSC 207 provides a recent example of how a judicial review can be used by land developers to challenge local government decisions over land use.
As published in the NRCA’s Northern Construction Connection April 2024 Newsletter, and VICA’s e-New.
Pandemic-related debt, high interest rates, high energy costs, shortages of labour and rising costs of equipment and materials could all contribute to a rise in the number of insolvencies in the construction industry. A contractor becoming insolvent can have a number of impacts on both the project owner, the subcontractors and suppliers. This article discusses a particular issue related to a contractor becoming insolvent after subcontractors have filed builders liens against the project property.
As published in the NRCA’s Northern Construction Connection February 2024 Newsletter, and VICA’s e-New.
It is a common understanding that parties to a contract are bound by the provisions of that contract. However, there may come a time when one or more parties wish to waive a provision in the contract, or when one party breaches a contract, but the other party is prepared to overlook the breach. These situations raise many important questions: if you expressly waive an obligation does this waiver last indefinitely? If you do not explicitly waive an obligation, but take no action in response to the breach, has that obligation been waived?
This article gives readers an overview of the law on waivers, the difficulties surrounding waiver, and the ways parties often try to protect themselves from the uncertainty of waivers.
As published in the NRCA’s Northern Construction Connection January 2024 Newsletter, and VICA’s e-New.