March 26, 2020 UPDATE
On March 26, 2020, the Province ordered that, for the duration of the provincial State of Emergency, every mandatory limitation period and any other mandatory time period that is established in an enactment or law of British Columbia within which a civil or family action, proceeding, claim or appeal must be commenced in the Provincial Court, Supreme Court or Court of Appeal is suspended…..
As published in Northern Construction Connection February 2020 Newsletter
There are three fundamental elements of a construction contract: price, scope, and time. Contractors and owners rely on the terms of the contract to inform them of the work that is required to be performed; the price for that work; and the time frame during which the work, or other various aspects of it, are to be completed. As a result, a change to either price, scope, or time may have a significant impact on the parties’ performance under the contract….
The B.C. Supreme Court’s recent decision in Skene v. Ucluelet (District), 2019 BCSC 2051 is a helpful reminder on what factors the courts will take into consideration when determining the validity of a statutory right of way….
As published in Northern Construction Connection December 2019 Newsletter
During the development of a project it may be unfeasible to contain all aspects of construction within the boundaries of the land that is being developed. A frequent example involves the use of construction cranes, where the boom of a crane will swing into the area above neighboring properties. The law affecting the rights and remedies of landowners of these neighboring properties has been changing…
Procurement disputes are becoming more commonplace. This guide summarizes what owners and proponents should know about procurement, focusing on the tender and the RFP processes…
As published in Northern Construction Connection October 2019 Newsletter
On May 29, 2019, a member of the opposition party in British Columbia (Liberal House Leader, Mary Polak), introduced Bill M-223 (the Prompt Payment (Builders Lien) Act).
Bill M-223 aims to modernize the existing Builders Lien Act and to bring British Columbia in line with other jurisdictions that are introducing prompt payment reforms, including Ontario, Nova Scotia, Saskatchewan, Manitoba, New Brunswick, and Quebec. The underlying objective of prompt payment legislation is to ensure that those who provide services or materials to a construction project are paid in a timely manner. The stated intention is to minimize payment disputes and unnecessary financial hardships associated with late payment…
The duty of procedural fairness concerns the processes that must be followed before, during, and after a decision is made. For local governments, this means ensuring that decisions are made within the scope of its authorizing legislation, acknowledging the role that the public participatory process serves in the ultimate decision that is to be made, and complying with conditions established in common law standards of procedural fairness. Courts may look at requirements such as: clear communication; timeliness; proper record-keeping; proper notice; clear reasons for the decision; and providing an opportunity for the applicant to be heard and present their case…
In recent years, the accumulation of plastic waste in marine environments has come to the public’s attention. All levels of government have shown an awareness and desire to address this issue in some way…