Will a court uphold your arbitration agreement?
Construction contracts often contain a hierarchy of dispute resolution provisions commencing with “without prejudice” negotiations, then mediation, and culminating in the dispute being resolved by binding arbitration, rather than traditional litigation. Section 15(1) of British Columbia’s former Arbitration Act, R.S.B.C. […]
Charles Bois and Michelle Eng write on British Columbia’s proposed Watershed Security Strategy and Fund
Water Canada, Jan/Feb 2023, p. 26-28
Charles Bois and Michelle Eng (Articling Student) author an article for Water Canada on British Columbia’s strategy to promote healthy and secure watersheds: In January of 2022, the government of British Columbia issued a discussion paper seeking the public’s input […]
Performance Bonds – What do they really cover?
It is common practice in the construction industry to use contract documents and performance bonds to allocate risk appropriately between owners and contractors. Owners often require that contractors provide a performance bond from a recognized surety as a condition to […]
Court denies validity of claim of lien but awards damages in unjust enrichment
The British Columbia Supreme Court recently considered whether a subcontractor’s claim of a builders lien was registered within the prescribed time limits in British Columbia’s Builders Lien Act, SBC 1997, c 45 (the “Builders Lien Act”). What makes this case […]
Prompt payment update
Prompt payment legislation resembling that which exists in the U.S. has been spreading across Canada. Although Ontario is the only province so far to have prompt payment legislation in force, it has been enacted in Saskatchewan and Nova Scotia, recommended […]
Chandos Construction v Deloitte Restructuring: How to draft construction contracts to avoid the anti-deprivation rule
In Chandos Construction Ltd v Deloitte Restructuring Inc[1] [Chandos], the majority of the Supreme Court of Canada (the “SCC”) reaffirmed the common law anti-deprivation rule in Canada. The anti-deprivation rule voids contractual terms which apply upon a party’s insolvency and […]
Competition Bureau’s updated guidelines for procurement processes
On February 5, 2021 the Competition Bureau of Canada (the “Competition Bureau”) released “Competitive bidding processes in the public sector: Procuring good value for taxpayer money” (“Competitive Bidding Processes”). Competitive Bidding Processes represents the Competition Bureau’s most recent publication in […]
BC Supreme Court hears CBA legal challenge
The Supreme Court of British Columbia heard arguments from February 3 to 7, 2020 from a coalition of British Columbia’s largest construction associations (the “Coalition”) who are challenging the provincial government’s labour framework for the building of public infrastructure projects. […]
