Construction Law

2-5-10 New Home Warranty Reporting: Ten Frequently Asked Questions

The “2-5-10” new home warranty regime was created in response to the leaky condo crisis. However, the benefits of a 2-5-10 warranty are not automatic; homeowners must take steps to enforce their warranty. Here’s 10 frequently asked questions and their answers.

HPO’s Residential Construction Performance Guide: A Solid Foundation for Consumer Protection?

An overview of The Homeowner Protection Office’s 2014 Residential Construction Performance Guide.

Approving Alterations to Common Property: Implications and Considerations

Factors for strata councils to consider when owners request permission to make alterations to the common property or limited common property bordering their strata lot

Builder Beware: The Growth in Liability for Construction Deficiencies

An overview of the law governing claims for defective construction.

Requests for Proposals: From Level Playing Field to Legal Minefield

This article reviews the law governing Requests for Proposals, from its origins in the law of tendering to the 2006 decision in Tercon Contracting v. British Columbia.

Submission to the Attorney-General of British Columbia on Joint and Several Liability

This paper reviews the law of joint and several liability throughout common law jurisdictions and argues against the repeal of this doctrine in British Columbia. It was presented in response to the Attorney-General of British Columbia’s 2002 Civil Liability Review initiative, which proposed several reforms to limit the liability of defendants in complex, multiparty litigation.

Submission to the Barrett Commission regarding the Reform of the Limitation Act

A 2000 submission by Lesperance Mendes to the Barrett Commission of Inquiry into the Quality of Condominium Construction. The author proposes reforms to the Limitation Act (a statute prescribing deadlines for suing) that would facilitate building envelope claims by strata corporations and owners.

Submission to the Homeowner Protection Office on its Discussion Paper “Raising the Bar”

This paper was presented to the Homeowner Protection Office in 2005, in response to a request for submissions on proposed amendments to the Homeowner Protection Act. The author recommends two initiatives to increase consumer confidence in the residential construction sector.

Submissions to Ministry of Attorney-General Regarding White Paper on Limitation Act Reform

This written submission was made on November 15, 2010 in response to an invitation for comments on proposed changes to the Limitation Act. The author’s critique plans to reduce the “ultimate limitation period” from 30 years to 10 or 15 years, a change that would prejudice homeowners.

The Builders Risk Policy

This article examines the Builders Risk Policy, also known as a Course of Construction Policy, one of the legal cornerstones of the construction industry.

The Delay Claim: Measuring the Impact

This article reviews the legal principles applied to determine liability and damages when a construction project is delayed.

The Law of Tendering

This article reviews the law of tendering, an area fraught with risks for unwary owners.

The Law of Tendering: A Hidden Trap for Strata Corporations?

The author examines issues faced by strata corporations when requesting tenders for the repair of building defects, and concludes by recommending precautions to reduce risk of liability to disappointed bidders.

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