Construction Law

Your Complaints are Warranted: Important Information about 2-5-10 Warranty Repairs

Homeowners and strata corporations that submit 2-5-10 new home warranty claims ultimately want their construction defects to be repaired. However, many owners are not familiar with a warranty provider’s claims handling obligations, or what it means to have a defect repaired under a 2-5-10 warranty. Lesperance Mendes has compiled a list of 8 essential facts about 2-5-10 warranty repairs, including mandatory requirements found in the Homeowner Protection Act (HPA) Regulation.

The 15 Month Trap in 2-5-10 Warranties

As every strata manager knows, 2-5-10 warranties have deadlines for reporting defects to the warranty provider and builder. The first deadline in common property warranties is a 15-month deadline for reporting any “defect in materials and labour” and any Building Code defect that presents a hazard or is likely to cause damage. There is also a one-year deadline for reporting strata lot defects but that is a topic for another day.

Leaky Condo Issues Prompt Human Rights Complaint

Strata corporations, take note. If your building is suffering from leaky condo issues, you may be confronted with a human rights complaint, among other court battles.

Contractor Warranties: The Good, The Bad, The Time Sensitive

Owners often focus their attention on their “2-5-10” new home warranty policy. However, they often overlook warranties provided by contractors, trades, suppliers and manufacturers on their work or products.

Maple Leaf Foods: An “Imminent Risk” to Construction Defect Claims?

On November 6, 2020, the Supreme Court of Canada released the 5-4 decision of 1688782 Ontario Inc. v. Maple Leaf Foods Inc., 2020 SCC 35 (“Maple Leaf Foods”). The majority decision states that property owners who bring negligence claims for building defects must prove that the defects present an “imminent risk” of danger to persons or damage to property.

2-5-10 Warranties during the COVID-19 Pandemic

COVID-19 has created many challenges for owners, strata corporations and strata managers. This article reviews issues and problems that may arise in relation to 2-5-10 warranty claims.

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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