Construction Litigation Lawyers

Engineered to Win.

ATAC LAW's construction litigation team represents owners, contractors, and subcontractors in defect claims, contract breaches, delay disputes, and payment recovery actions across British Columbia.

Speak with a Construction Litigator

Please do not send confidential information until we have confirmed that we are able to act for you. Contacting ATAC LAW does not create a solicitor-client relationship.
Highly RatedConstruction Law Firm in British Columbia
1000+Construction Clients who trust ATAC LAW
12+Construction Lawyers and Professional Engineers
50+Years of Combined Construction Law Experience

Construction litigation is not a general-practice lawyer's domain. Success turns on understanding CCDC contract provisions, holdback obligations under BC's Builders Lien Act, deficiency inspection protocols, change order documentation, and the technical evidence behind the claim.

For contractors: We help you pursue unpaid invoices, defend delay allegations, enforce contract rights, and protect your builders lien deadlines before leverage disappears.

For homeowners and property owners: We help you respond when a contractor abandons the job, performs defective work, overbills, files a lien, or refuses to correct deficiencies.

For subcontractors: We help you recover payment, document scope changes, enforce lien rights, and respond when the general contractor delays or denies what you are owed.

ATAC LAW's litigation team includes practicing Professional Engineers who have worked on job sites, reviewed specifications, and administered construction contracts before they ever stepped into a courtroom.

Speak With a Construction Litigator →
ATAC LAW construction litigation consultation

Our Expertise in Construction Litigation

ATAC LAW pursues claims for foundation failures, load-bearing deficiencies, and non-compliant structural work. We retain independent engineers to quantify the scope of defective construction and establish liability under the applicable building code.
Leaking roofs, failed cladding systems, and inadequate moisture barriers cause progressive damage that worsens with each rain season. ATAC LAW acts early to preserve evidence, engage forensic experts, and recover the full cost of remediation from the responsible parties.
When construction work fails to meet the specifications in the contract or the requirements of BC Building Code 2024, the contractor is liable. ATAC LAW documents each deficiency, obtains expert opinions, and builds litigation-ready files that force accountability.
Homeowners who discover substandard electrical, plumbing, or finishing work after a renovation have enforceable claims. ATAC LAW handles claims under the BC New Home Warranty program and direct actions against contractors for incomplete or defective residential work.
CCDC 2, CCDC 5A, and CCDC 5B contracts contain specific breach, termination, and notice provisions that determine who wins at trial. ATAC LAW's engineers read these contracts the way they were designed to be read: technically, not just legally.
Disagreements over what was included in the original contract versus what constitutes extra work account for the majority of construction litigation in BC. ATAC LAW reviews project drawings, specifications, and correspondence to establish whether a disputed item falls within the contract scope.
When a general contractor fails to pay or a subcontractor abandons the job, the subcontract terms dictate the outcome. ATAC LAW litigates subcontractor disputes at BC Supreme Court and in private arbitration.
A wrongful termination exposes the terminating party to a lost profit claim. A justified termination requires strict compliance with contractual notice requirements. ATAC LAW advises on both sides of termination disputes and has successfully litigated lost profit claims exceeding $200,000.
ATAC LAW represents contractors and subcontractors who have completed work and not been paid. We pursue payment through demand letters, builders lien filings, and BC Supreme Court actions. Lien deadlines are strict: 45 days from project completion or abandonment.
Filing the lien is only the first step. ATAC LAW enforces liens through court actions to force payment, and defends owners and contractors against improperly filed liens through discharge applications.
Owners who face competing payment demands from contractors and subcontractors risk paying twice. ATAC LAW structures payment-chain resolutions that protect owners from duplicate liability. We have saved clients over $140,000 in a single holdback dispute.
BC's Construction Prompt Payment Act introduces mandatory 28-day payment terms and fast-track adjudication. ATAC LAW is prepared to pursue and defend adjudication claims under the new regime once it comes into force.
Contractors who claim delay costs must comply with strict written notice requirements under most CCDC contracts. ATAC LAW has successfully defended owners against $200,000+ delay claims by proving the contractor failed to give timely notice. We also pursue legitimate delay claims on behalf of contractors and subcontractors.
When an owner directs the contractor to maintain the original schedule despite acknowledged delays, the contractor may be entitled to acceleration costs. ATAC LAW evaluates schedule records, site logs, and correspondence to build or defend acceleration claims.
Construction contracts frequently include liquidated damages clauses triggered by late completion. ATAC LAW challenges unenforceable penalty clauses and enforces valid liquidated damages provisions at trial and in arbitration.
Most CCDC contracts require disputes to proceed through arbitration rather than court. ATAC LAW has conducted private arbitrations resulting in multi-million dollar settlements and awards for construction clients across British Columbia.
Not every dispute requires a trial. ATAC LAW's qualified mediators and arbitrators understand when strategic negotiation will produce a faster and less expensive result than litigation. We resolve construction disputes through mediation where it serves the client's interests.
The Construction Prompt Payment Act introduces a statutory adjudication process for payment disputes. ATAC LAW is positioned to represent clients in adjudication proceedings as a faster alternative to court or arbitration for payment-related disputes.

Meet the Construction Lawyers
Behind Our Clients' Success

Mike C. Stewart, P.Eng
Mike C. Stewart, P.Eng
Partner, Engineer, JD, Q.Arb, Q.Med
Mike C. Stewart, P.Eng
Partner, Engineer, JD, Q.Arb, Q.Med

Construction lawyer. Dual designated lawyer and engineer with over 10 years of experience in construction law, procurement, construction contract drafting and dispute resolution.

Roy D. Kim, P.Eng
Roy D. Kim, P.Eng
JD, Engineer., Barrister & Solicitor
Roy D. Kim, P.Eng
JD, Engineer., Barrister & Solicitor

Roy combines passionate legal advocacy with hands-on engineering experience in complex technical disputes, civil litigation, and criminal defence.

Dan H. Griffith
Dan H. Griffith
Q.Arb, Construction Lawyer, Partner
Dan H. Griffith
Q.Arb, Construction Lawyer, Partner

Dan is a true litigator specializing in CCDC contract enforcement, delay claims, and construction deficiency disputes at the BC Supreme Court and BC Court of Appeal.

Gurpal Sandhu construction lawyer
Gurpal Sandhu
Associate Lawyer
Gurpal Sandhu
Associate Lawyer

Gurpal specialises in commercial and construction litigation, representing clients from individuals to multinational corporations across BC and Ontario courts.

James Cain construction lawyer
James Cain
Associate Lawyer
James Cain
Associate Lawyer

James has built a reputation for delivering clear, strategic advice and exceptional results in construction and strata contract disputes.

Rodolfo Assinger construction lawyer
Rodolfo Assinger
Associate Lawyer
Rodolfo Assinger
Associate Lawyer

Rodolfo is a multidisciplinary lawyer with experience in construction law, employment law, immigration, torts, and more. His prior background in construction management gives him an edge when advising owners, contractors, consultants, and suppliers.

Real Construction Cases. Real Client Victories.

Contract Disputes
Owner wins CCDC contract dispute: full payment enforced

An owner engaged ATAC LAW after their general contractor abandoned the project mid-build. Our team reviewed the CCDC 2 contract, identified clear breach provisions, and filed a formal demand within days. Through targeted negotiation backed by litigation readiness, we secured full payment for the owner's remediation costs, without going to trial. The matter resolved in under 60 days from instruction.

Deficiency Claims
Deficiency claim resolved: contractor held accountable

After a residential renovation left significant deficiencies, including improper waterproofing and non-compliant electrical work, the owner faced $90,000 in remediation costs. ATAC LAW assembled expert reports, issued a formal notice of claim, and negotiated a settlement covering the full remediation budget without going to court.

Payment Disputes
Owner protected from double payment after contractor billing dispute

A commercial property owner faced competing payment demands from a general contractor and two subcontractors. ATAC LAW mapped the contractual payment chain and structured a resolution that protected the owner from paying twice, saving the client over $140,000 in duplicated payments.

Delay Claims
Delay claim defended: owner avoids $200K contractor demand

A general contractor submitted a $200,000 delay claim against our owner client. ATAC LAW found the contractor had failed to give timely written notice of delay as required under the CCDC 2 contract. The claim was successfully defended and withdrawn before trial. Owner paid nothing.

Construction Claims
Lost profit claim won: Owner ordered to pay construction manager over $200,000

A construction manager's CCDC 5B contract was terminated by the Owner. ATAC LAW sued on behalf of the construction manager, and proved in court that the construction manager was entitled to its lost profit, reimbursement of expenses and additional fees. The Owner still refused to pay, and ATAC LAW did not stop until the owner paid the lost profits, as well as court ordered costs and interest of over $50,000.

Canadian Bar Association BC Engineers and Geoscientists BC Trial Lawyers Association of BC Professional Engineers Ontario

Why Choose ATAC LAW for Construction Litigation

01

Experts in construction litigation

Every lawyer on our team handles construction disputes daily. We are specialists who know this field inside out, not generalists learning on your file.

02

We represent all sides of the contract

Owners, general contractors, subcontractors, engineers, and construction managers. We understand the arguments before the other side makes them.

03

Fast, strategic action when it matters

We know construction inside and out. We know how and when to move quickly to take a strategic advantage in a dispute, or to avoid one in the first place.

04

Contract review and drafting

We review and draft CCDC contracts, subcontract agreements, and residential construction contracts, finding the clauses that cost you money and time before they become disputes.

05

Proven results

Successfully litigated construction disputes at BC Supreme Court and in private arbitrations including lien extinguishments and payment recoveries ranging from $50,000 to $1,000,000+.

06

We employ engineers

Two practicing professional engineer-lawyers on staff, plus several other trained engineers allow us to understand the nuances and complexities of construction law, giving our clients the advantage.

What BC Contractors and Property Owners Say About ATAC LAW

4.7 176 Google reviews
"Over the course of a year, James Cain provided clear guidance, accurate advice, and a steady, reassuring presence. His professionalism and commitment went far above and beyond what one would normally expect."
Shannon McGeehanGoogle ReviewVerified Review
"Excellent knowledge of construction and Strata law. Partners educated in Engineering and Law, a perfect match for construction litigation. Would highly recommend."
Trevor SmithGoogle ReviewVerified Review
"Mr. Kim helped me with my construction dispute. Very happy with the resolution and the price. Very professional and quick to respond. I've already recommended ATAC Law to friends and clients."
Zanyar The RealtorGoogle ReviewVerified Review
"For businesses in construction and engineering, ATAC LAW is an asset. Responsive, straight to the heart of the matter, and they never sugar-coat costs. Everyone I've referred has come back thanking me."
Chad GiffenGoogle ReviewVerified Review
"James Un handled my pre-sale contract dispute professionally and kept me informed throughout. The case settled smoothly. Quick, concise responses with genuine expertise."
Tru NguyenGoogle ReviewVerified Review

Our Locations

Vancouver Office
Vancouver
375 Water St #650
Vancouver, BC V6B 5C6
Monday – Friday 9:00 AM – 5:00 PM
Book a Consultation
Burnaby Office
Burnaby
8988 Fraserton Ct #308
Burnaby, BC V5J 5H8
Monday – Friday 9:00 AM – 5:00 PM
Book a Consultation
Surrey Office
Surrey
15299 68 Ave #207
Surrey, BC V3S 3L5
Monday – Friday 9:00 AM – 5:00 PM
Book a Consultation
Richmond Office
Richmond
#1020-6388 No.3 Rd
Richmond, BC V6Y 0A2
Monday to Friday9:00 AM – 5:00 PM
Book a Consultation

Industry Insights

New Construction Legislation

BC's Construction Prompt Payment Act: A Landmark Shift

Bill 20, the Construction Prompt Payment Act, received royal assent in November 2025, bringing BC in line with Ontario and Alberta. Once in force, owners must pay contractors within 28 days of a proper invoice, with funds flowing down the chain within 7 days. Adjudication will provide a fast-track dispute mechanism, all without costly litigation. Owners and contractors will need to completely re-write their contracts, and change their billing processes as a result.

Builders Lien Act

Holdback Reforms & the End of the “Shimco Lien”

Alongside the Prompt Payment Act, the Builders Lien Act is being amended to shorten the holdback period from 55 to 46 days, permit partial holdback release, and abolish the controversial stand-alone lien against the holdback recognized in Shimco Metal Erectors Ltd. v. North Vancouver (District), 2002, finally giving more certainty to owners.

CPL Law

Certificates of Pending Litigation: Proper Use in Construction Disputes

BC courts are increasingly scrutinizing improper CPL filings. A CPL is only valid where the claim asserts an interest in land. Simple debt or breach of contract claims do not qualify. In RStyle Enterprises Ltd. v. 1308879 B.C. Ltd. (2024), the court reinforced that a CPL is a protective tool, not a weapon of financial leverage. These changing winds mean contractors must be careful about utilizing CPLs; while owners may have more options to have CPLs removed.

Lien Enforcement

Builders Lien Deadlines: Courts Continue to Enforce the 45-Day Rule Strictly

BC courts continue to treat builders lien deadlines as strict statutory deadlines. A builders lien must generally be filed within 45 days after the applicable trigger, such as a valid certificate of completion, completion, abandonment or termination of the head contract, or completion or abandonment of the improvement. A final invoice does not automatically restart the lien period. In Draycor Construction Ltd. v. Mazzei Electric Ltd., the court reinforced that lien validity and timing can be determined by the court even where the parties also have contractual arbitration rights. This means contractors and subcontractors must identify the proper lien deadline early, while owners may have stronger options to challenge liens filed out of time.

Contract Law

Pay-When-Paid Clauses: Clear Language Still Matters in BC

BC courts have recognized that a clearly drafted pay-when-paid clause may shift the risk of owner non-payment from the general contractor to the subcontractor. However, these clauses are interpreted closely, and Canadian courts generally require very clear wording before treating owner payment as a true condition precedent to subcontractor payment. In Brookswood Ironworks Ltd. v. DGS Construction Co., the court accepted a clause that expressly made owner payment a condition precedent, unless non-payment was caused by the contractor's own fault or neglect. These changing winds mean contractors should not assume every payment clause gives them indefinite protection, while subcontractors should carefully review whether the clause actually delays payment or legally shifts the risk of non-payment.

Delay Claims

Delay Notice Requirements: Written Notice Can Decide the Claim

BC courts have treated construction notice requirements as more than a technical formality. Under CCDC-style contracts, delay claims often require written notice within a specific timeframe, and GC 6.5.4 of CCDC 2 requires Notice in Writing of the cause of delay within 10 working days after the delay begins. In Doyle Construction Co. v. Carling O'Keefe Breweries of Canada Ltd., the BC Court of Appeal rejected a delay claim where the contractor's communications did not go beyond general complaints or “mere grumblings” showing an intention to claim. These changing winds mean contractors must preserve delay claims in writing as soon as the issue arises, while owners may have stronger defences where notice was late, vague or never properly delivered.

Frequently Asked Questions

Have another question? Our construction litigation team is here to help.

Contact Our Team →
What types of construction disputes does ATAC LAW handle?
ATAC LAW handles the full spectrum of construction litigation matters in BC, including unpaid contractor claims, builders lien filings and defences, CCDC contract disputes, deficiency claims, construction defects, delay claims, and disputes involving owners, general contractors, subcontractors, engineers, and construction managers.
What should I do when a contractor does poor work?
Document every deficiency with photographs, dates, and written descriptions. Send a formal written notice to the contractor identifying the defective work and demanding correction within a reasonable timeframe. If the contractor does not respond or refuses to fix the work, contact ATAC LAW. We will review your contract, assess the deficiencies with our in-house engineers, and pursue the contractor for the full cost of remediation through negotiation or litigation.
Can a contractor sue for non-payment without a written contract?
Yes. In British Columbia, a contractor can pursue payment even without a formal written contract. Oral agreements, emails, text messages, and conduct on the project can all establish an enforceable contract. The contractor may also file a builders lien against the property under BC's Builders Lien Act, regardless of whether a written contract exists. The absence of a written contract creates complications, but it does not eliminate the right to payment for work performed.
Can you sue a contractor for not finishing a job?
Yes. A contractor who abandons a project before completion is in breach of contract. The property owner is entitled to recover the cost of hiring a replacement contractor to finish the work, plus any additional expenses caused by the delay. ATAC LAW has resolved contract abandonment disputes in under 60 days by issuing targeted demands backed by litigation readiness.
How long do I have to file a builders lien in BC?
Under BC's Builders Lien Act, you generally have 45 days from the date of completion or abandonment of the project to file a lien. Missing this deadline can permanently extinguish your right to lien. Contact us immediately if you think you may be approaching this window.
How long does construction litigation typically take in BC?
Timelines vary based on complexity and the dispute resolution method. Mediated settlements can resolve in 30 to 90 days. Private arbitrations under CCDC contracts typically take 6 to 12 months. BC Supreme Court litigation typically takes 12 to 24 months or more. ATAC LAW pursues early resolution when it serves the client's interests, and prepares aggressively for trial when it does not.
How does ATAC LAW determine its legal fees?
We offer transparent, upfront pricing, usually at our hourly rates, but occasionally on a fixed fee basis, depending on your matter. We will often be able to provide a clear fee estimate after the initial consultation.

Don't Let Your Construction Dispute Derail Your Entire Project.

Tell us what happened. We will review your position and advise you on your next legal move.

Speak With a Construction Litigator

Please do not send confidential information until we have confirmed that we are able to act for you. Contacting ATAC LAW does not create a solicitor-client relationship.

© 2026 ATAC LAW. All rights reserved.