Construction Law

We pursue and defend claims arising from deficient workmanship, design errors, and non-compliant construction. Our lawyers and in-house professional engineers assess the technical cause of each defect and quantify the true cost to repair it. That evidence supports a clear assessment of responsibility, remediation costs and potential recovery.

We resolve disputes over scope, payment, change orders, and performance under CCDC and custom contracts. Whether you are owed money or facing a claim, we read the contract and the governing law to protect your position. Most files settle through negotiation, but we prepare each matter with the discipline required for either negotiated or adjudicated resolution.

We advance and defend claims for extended schedules, lost productivity, and acceleration costs. Using critical-path analysis and project records, we establish which delays are excusable, compensable, or concurrent. This documentary foundation is what turns a delay narrative into a recoverable claim.

We represent clients in construction arbitration and mediation across British Columbia, including matters governed by CCDC dispute-resolution clauses. Our team includes Q.Arb and Q.Med qualified counsel who understand the process from both sides of the table. We pursue efficient, binding outcomes that avoid the cost and delay of a full trial.

We handle coverage disputes, tender of defence, and indemnity claims arising from construction losses. We analyze wrap-up, builders risk, and CGL policies to identify who must respond to a claim. Our aim is to pursue the appropriate allocation of defence obligations and liability among the parties and insurers involved.

We prepare and file builders lien claims with careful attention to statutory requirements and deadlines. A lien secures your right to payment against title, giving you leverage an unsecured claim cannot. We confirm the claimable amount and the correct land to reduce the risk of technical challenges to the lien.

We advise owners, contractors, and lenders on the mandatory statutory holdback and its release. Proper holdback administration limits your exposure and preserves the fund available to unpaid trades. We help structure holdback accounts and timing so payments flow without creating liability.

We commence and prosecute lien actions to convert a filed lien into a court judgment. Strict timelines govern the action, and missing them can extinguish the lien entirely. We manage the litigation from certificate of pending litigation through to recovery.

We remove improper, exaggerated, or expired liens from title, often to clear a stalled sale or financing. Liens can be vacated by posting security or discharged for technical and substantive defects. We move quickly by court application when a lien is holding up a transaction.

We resolve priority contests among lien claimants, mortgagees, and the statutory holdback. Where your claim ranks determines how much you will actually recover. We assess competing priorities and protect the client's position under the Act.

We draft, review, and negotiate CCDC standard forms and their supplementary conditions. Small changes to the standard wording can shift significant risk between owner and contractor. We tailor the form to your project so the paperwork protects you before problems arise.

We prepare and review subcontracts that flow down the right obligations without creating hidden exposure. Clear scope, payment, and dispute terms prevent the gaps where trade disputes usually start. We align each subcontract with the prime contract so risk does not fall through the cracks.

We structure indemnity, limitation-of-liability, warranty, and insurance clauses to allocate risk deliberately. Well-drafted risk clauses decide who pays when something goes wrong on site. We negotiate these terms so your exposure matches your actual role in the project.

We advise on tendering, the Contract A/Contract B framework, and compliant bid evaluation. Owners need a defensible process, and bidders need to know when their rights have been breached. We help run fair procurements and challenge unfair ones.

We advise on occupational health and safety duties, prime-contractor obligations, and WorkSafeBC matters. Compliance failures can halt a project and expose owners and contractors to penalties. We help you meet your statutory duties and respond to orders, inspections, and incidents.

We navigate building permits, bylaws, and municipal approvals that govern construction in BC. Permit and code disputes can stop work and delay occupancy. We resolve issues with authorities and keep projects moving through the approval process.

We advise on contaminated sites, remediation, and environmental compliance affecting construction projects. Environmental liability can attach to owners and developers long after the work is done. We help allocate and manage this risk before it becomes a claim.

We advise on licensing requirements, performance and payment bonds, and surety obligations. Bonds and licences protect payment and performance across the contractual chain. We help you obtain, enforce, or respond to claims on these instruments.

We advise owners and builders on the mandatory 2-5-10 home warranty and BC Housing requirements. Warranty coverage and licensing rules are specific to residential construction in BC. We help owners enforce warranty rights and builders meet their obligations.

We resolve renovation disputes over scope, cost overruns, deficiencies, and abandonment. These projects often proceed on thin paperwork, which is where conflict starts. We pursue or defend claims and, where possible, settle them before they escalate.

We act on building-envelope failures, depreciation issues, and major-repair disputes for strata corporations and owners. Multi-unit defect claims involve complex expert evidence and tight limitation periods. We assemble the technical case and pursue recovery from the responsible parties.

We advise owner-builders on their rights, disclosure duties, and liability when building their own home. Owner-builder status carries specific obligations and resale restrictions in BC. We help owners understand and comply with the framework before and during construction.

We draft and dispute design-build and EPC contracts where design and construction risk sit with one party. These integrated delivery models change how liability and defects are handled. We structure the contract and manage claims so responsibility stays clear.

We advise on public-private partnership and major infrastructure contracts and disputes. These projects involve layered agreements, lenders, and long performance periods. We help clients manage risk and resolve claims on complex, high-value work.

We advise lenders and borrowers on construction financing, draw certification, and priority against liens. Lender security must be coordinated with the Builders Lien Act to remain effective. We protect financing arrangements and resolve disputes over advances and priorities.