Articles & Publications

Publication, Staff | January 10, 2024 | Kai Hsieh

Waivers in Contracts and their Risks and Consequences to Parties

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.

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Publication, Staff | December 13, 2023 |

The Consequences of Building in Violation of Local Rules: A Case Comment on City of Surrey v. Sidhu 2023 BCSC 1837

Building a residence or structure without obtaining the necessary permits and where the construction contravenes local bylaws can be a costly lesson for property owners when they become the target of enforcement action by a regulator or local authority. The recent British Columbia Supreme Court decision in City of Surrey v. Sidhu 2023 BCSC 1837 (the “Petition Proceedings”) highlights the consequences of undertaking construction projects in flagrant violation of local building requirements and carrying on with such construction after a stop work order has been posted on the property.

As published in the NRCA’s Northern Construction Connection December 2023 Newsletter, and VICA’s e-New.

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Publication, Staff | November 8, 2023 | Kai Hsieh

Build, Baby, Build: An Overview of Updates Regarding the Housing Supply Act, Housing Supply Regulation and Housing Target Orders

In light of the Housing Supply Regulation coming into force and the new housing target orders, this article briefly reviews the important provisions of the Housing Supply Act, outlines the Regulation and considers additional recently enacted legislation related to the supply of housing in British Columbia. This article then considers the potential impacts of the legislation and housing target orders on the construction industry generally.

As published in the NRCA’s Northern Construction Connection November 2023 Newsletter, and VICA’s e-New.

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Article, Publication, Staff | October 26, 2023 | Kai Hsieh

Short-Term Rental Accommodations Act: A Summary of Bill 35 – 2023

The Government of British Columbia has introduced Bill 35, which, if passed, would enact the Short-Term Rental Accommodations Act. The Act is intended to regulate and curtail the listing of rentals of less than 90 days or as otherwise prescribed by regulation in communities throughout the province as part of its Homes for People Action Plan introduced in the spring of 2023. The Act aims to increase fines and strengthen enforcement tools for local governments, return short-term rentals to the long-term rental market, and establish provincial rules and enforcement.

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Publication, Staff | October 17, 2023 | Sonia Sahota and Marcela Ouatu

Ownership of Materials in Construction Projects

The lingering effects of the 2020 pandemic on supply chain and more recent inflationary pressures on price certainty may motivate contractors and owners to make advance purchase of high volume or high costs items before construction activities commence on-site. This article describes the basic legal principles governing the determination of ownership in construction contracts with respect to materials, which principles can guide parties when making contractual arrangements that are out of the ordinary involving advance purchase and/or temporary off-site storage.

As published in the NRCA’s Northern Construction Connection October 2023 Newsletter, and VICA’s e-New.

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Publication, Staff | September 14, 2023 |

Accessible BC Act: Overview and Implications for Organizations

In June 2021, the British Columbia government enacted the Accessible British Columbia Act, S.B.C. 2023, c. 19. to support people with disabilities in meaningfully participating in their communities. Currently, the Act applies to the provincial government and those organizations prescribed by regulation.

This article provides an overview of the Act, highlights its key provisions, explains its application to public organizations and its relevance to organizations who are not currently subject to the Act.

As published in the NRCA’s Northern Construction Connection September 2023 Newsletter, and VICA’s e-New.

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Publication, Staff | August 9, 2023 |

The Agricultural Land Reserve: Prohibitions and Limits on Land Development and Construction

In British Columbia, the Agricultural Land Reserve (“ALR”) designates 4.6 million hectares of land for priority use in agriculture. Intended to protect valuable agricultural land across the province, this designation restricts the scope of construction and development activities that are permitted on ALR land as set out in the Agricultural Land Commission Act SBC 2002 C. 36 (the “Act”) and the Agricultural Land Reserve Use Regulation B.C. Reg. 36/2022 (the “Regulation”). When acquiring, developing and building on land it is incumbent for a property owner to conduct due diligence investigations into the property’s zoning and any other designations that may prohibit or limit their development plans for the property.

As published in the NRCA’s Northern Construction Connection August 2023 Newsletter, and VICA’s e-New.

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Publication, Staff | July 13, 2023 | Sonia Sahota and Kai Hsieh

Trade Agreements – Rights and Requirements 101

Trade agreements apply to public organizations, such as local governments, Crown corporations, health authorities and school districts, and may impact the process by which they procure goods and services (including construction). It is important for public organizations, and vendors that may supply them with goods and services, to understand the rules, limitations and exceptions that may operate for different types of procurements.

As published in the NRCA’s Northern Construction Connection July 2023 Newsletter, and VICA’s e-New.

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Publication, Staff | June 15, 2023 | Marcela Ouatu and Sonia Sahota

“Bid Shopping” in a Tendering Process

Participation in a tendering process may require contractors to expend significant effort and incur costs to prepare their bids, obtain bid security, hold their pricing for a specified period of time, and be bound by the terms of the construction contract. While contractors assume these risks without any promise of being awarded the construction contract, they do have an expectation that their bids will be taken seriously and that they, and their competitors,  will be treated equally and fairly. This is the legal construct that Canadian courts seek to uphold in an effort to preserve the integrity of the tendering process. This article discusses how the Canadian courts have responded when such expectations are not maintained.

As published in the NRCA’s Northern Construction Connection June 2023 Newsletter, and VICA’s e-New.

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Publication, Staff | May 17, 2023 |

What Builders Should Know About Public Procurement

Government contracts represent a big opportunity for many builders. However, builders who pursue public procurements may be surprised to encounter very different rules and procedures than private procurements. This article seeks to explain some of these differences, and their implications, so that builders can better know what to expect in a public procurement.

As published in the NRCA’s Northern Construction Connection May 2023 Newsletter, and VICA’s e-New.

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