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Getting Paid for construction work: preventative steps and remedial options

Tue, 2019-11-12 21:37 — Michael Dew
Research articles : 
Construction
By Guy Holeksa and Michael Dew
 
INTRODUCTION

Limitation Periods applicable to construction law disputes in British Columbia

Fri, 2016-07-29 21:38 — Michael Dew
Research articles : 
Construction
Introduction
 
This paper briefly outlines notice and limitation periods that may apply to construction law disputes in British Columbia.
 
The purpose of limitation periods
 
The purpose of limitation periods is to define the time by which claims must be brought and to establish a deadline after which potential defendants need no longer keep historical records for the purpose of defending claims, or worry about being sued:
 

SCC Decision: November 22, 2007

Thu, 2007-11-22 09:15 — Andrew Pilliar
Taxonomy upgrade extras: 
SCC summaries by Andrew Pilliar
Research articles : 
Construction

ABB Inc. v. Domtar Inc., 2007 SCC 50
Click here to link to the full judgment.
(Latent defect / Limitation of liability / Duty to warn)

Legal Liability and Building Code Responsibility - The New B.C. Building Code

Fri, 2007-02-02 11:01 — Greg Smith
Research articles : 
Construction
By David Miachika
David Miachika is a Partner and Lawyer at the Vancouver office of Borden Ladner Gervais LLP and he is the Regional Leader of the Construction, Engineering, Surety and Fidelity Practice Group in Vancouver. Mr. Miachika would like to recognize Greg Smith, Articled Student at the Vancouver office, who assisted in preparing this paper.
The purpose of a building code is to establish minimum and uniform standards for new construction and renovations. The BC Building Code applies to construction within the entire province and is adopted by municipalities pursuant to the Local Government Act and Municipal Building By-laws that make adjustments suitable to each municipal jurisdiction. The exception is the City of Vancouver, which is governed by the Vancouver Charter and the Vancouver Building By-laws; however, these essentially adopt the BC Building Code.

Bankability of construction contracts

Sun, 2006-12-24 22:49 — Michael Dew
Research articles : 
Construction
May 9, 2005
Douglas Sanders, P.Eng., LL.B.
Michael Dew, Articled Student
 
 

Risks flow downhill? Managing risks in P3 projects

Sun, 2006-12-24 17:25 — Michael Dew
Research articles : 
Construction
Douglas Sanders, P.Eng., LL.B.
Michael Dew, Articled Student
June 21, 2005
 
Abstract
Allocation of risks in a standard contract is challenging, but allocating risks contractually among the owner, concessionaire, and the subcontractors in P3 projects create new and demanding issues from philosophical and contractual perspectives. It is crucial for the contract to accurately reflect the bargain and, most importantly, the risk allocation among the various participants.
 
Introduction 
This article considers the allocation of risk in P3 (public private partnership) projects and the feasibility of flowing risk from the concessionaire (the consortium of sponsors who manage and control the project) down to the engineering, procurement and construction (EPC) contractor [also called design build contractors], the operation and maintenance (O&M) contractor, and their subcontractors and suppliers.

Vicarious liability of owners for the acts of independent construction contractors

Sat, 2006-12-09 20:51 — Michael Dew
Research articles : 
Construction
Michael Dew is a Vancouver lawyer who practices civil litigation. Click here for contact information and further details about Michael’s practice.
 
Introduction.
The general rule is that owners are not vicariously liable for the torts of their independent contractors. But, there are a number of exceptions to this general rule and owners should be aware of these exceptions for three reasons: First, only if the owner understands the nature and extent of liability risk can it mitigate that risk through carefully drafted contract documents, or assign the risk to a third party insurer. Second, having an accurate understanding of the liability risks of the project will assist in assessing the feasibility of the project. Finally, being fully aware of the potential liability for the acts of independent contractors may inform the choice of contractor. The owner may decide to choose a more competent and reliable contractor, rather than the one with the lowest price.
 

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