PRACTICE AREA

Construction Law, Builders Liens, and
Construction Litigation

Construction Law, Builders Liens, and Construction Litigation

Work with Experts in Construction Law

ATAC LAW’s Construction Law Team is comprised of skilled lawyers and licensed professional engineers. Their experience in the construction sector allows them to navigate construction law with a depth that purely legal backgrounds cannot match.

ATAC LAW excels in navigating disputes, providing adept negotiation and robust legal representation when needed.

The team specializes in a comprehensive array of claims, including delays, acceleration, faulty designs, builders’ liens, and building envelope failures, ensuring solutions for every legal challenge.

Regularly act on behalf of general contractors, subcontractors, and professionals in advising on contractual terms prior to disputes

Successfully advocated for small and medium-sized contractors to secure payment for their work by effectively utilizing and leveraging the Builders Lien Act, ensuring compensation through liens and judgments.

Assisted in removing a lien from a property title and countersuing a contractor who had significantly damaged a home and then initiated a lawsuit. Help was also provided to secure insurance coverage for legal fees before the case was transferred to another lawyer, to the client’s disappointment.

Helped several small and medium-sized contractors secure payment for their work by filing liens on title and obtaining judgments against the opposing parties, using tools under the Builders Lien Act to ensure full or substantial payment.

Acting for homeowners in a dispute with their contractor on a large luxury home development project

Acting for a number of contractors in actions to enforce builders liens against general contractors and owners

Acted for our construction manager client in a successful Supreme Court of British Columbia trial against the defendant owner for damages resulting from contractual disputes over CCDC 5A contract [Construction Management Contract for Services developed by the Canadian Construction Documents Committee (CCDC)]: JM Bay Properties Inc v Tung Cheng Yuen Buddhist Association, 2022 BCSC 81.

Successfully defended our trade contractor client in a Supreme Court of British Columbia hearing against the general contractor’s claim to cancel our client’s builder’s lien resulting in a settlement in favour of our client.

Acted on behalf of homeowners in relation to obtaining dismissal of numerous builder’s liens filed by various parties.

Successfully Represented Concrete Subcontractor with several months of unpaid invoices worth about a quarter of a million to bankrupt General Contractor. No formal contract in place, negotiated with Multi-unit development owner representative for a substantial settlement payment while maintaining claim against General Contractor.

Acted for Major infrastructure developer in major multi-party construction litigation involving a large variety of issues.

Acted for owners of a construction improvement in resolving a dispute with the general contractor and obtained removal of a lien and settlement of case.

Acted on behalf of Owner-Developer in action for breach of contract against owner developer of a US-based multi-unit residential building.

Acted on behalf of civil contractor in dispute with owner over CCDC 5B contract and extras for contaminated soils disposal

Successfully Represented Concrete Subcontractor with several months of unpaid invoices worth about a quarter of a million to bankrupt General Contractor. No formal contract in place, negotiated with Multi-unit development owner representative for a substantial settlement payment while maintaining claim against General Contractor.

Acted on behalf of homeowners in relation to claim against general contractor for breach of contract and negligence.

Acted on behalf of homeowners in relation to obtaining dismissal of numerous builder’s liens filed by subtrades

Acted on behalf of mechanical subcontractor in dispute with developer of high rise building in Surrey with contract value of $20m.

Acted on behalf of mechanical subcontractor in dispute with developer of high rise building in Richmond with contract value of $10m.

Acted on behalf of Professional Engineer in negligence claim and successfully defended engineer from claim of $10m.

Acted on behalf of owner in resolution of dispute with claim against engineer for negligent design and supervision of glazing.

Acted on behalf of construction manager in dispute with owner over unpaid invoices.

Acted on behalf of developer in relation to dispute with construction manager over breach of contract.

Acted on behalf of designer in relation to dispute with owner over unpaid invoices.

Acted for municipality in developing MMCD contract and administering tendering process for civil infrastructure works

Acted on behalf of homeowners in relation to claim against general contractor for breach of contract and negligence

Acted on behalf of US-based conglomerate in relation to dispute over heavy equipment supply contracts to major infrastructure projects in British Columbia

Successfully obtained judgment against developer on behalf of concrete formwork supplier in Supreme Court

Acted on behalf of construction manager in action for breach of contract against owner developer of a large Buddhist temple development

Acted on behalf of medical doctor in relation to dispute over large tenant improvement in orthodontic practice

Successfully avoided significant claims against owner orthodontic practice development from design-builder through negotiation and mediation

Acted for developer of 150-unit development against electrical subcontractor in claim for breach of contract

Acted on behalf of purchasers of real property with claim against developer for misrepresentation

Acted on behalf of owner in construction dispute over real property development

Acted for owners of a construction improvement in resolving a dispute with the general contractor and obtained removal of a lien and settlement of case

Acted for owners of a commercial retail property in defending against general contractor for claims for extras and obtained dismissal of claim by way of summary trial

Acted for concrete formwork subtrade in obtaining lien and payment on unpaid invoices and successfully obtained payment from owner by way of negotiation over builder’s lien holdback

Acted on behalf of developer of property in North Vancouver in action for breach of contract

Acted on behalf of Professional Engineer in dispute with City of Surrey over approval of building permit

Acted on behalf of owner-developer of property in dispute with City of New Westminster

Succeeded in obtaining a court judgment of $154,567.48 plus costs of $6,572.35 at a summary trial before the Supreme Court of British Columbia on January 13, 2021.

Succeeded in appeal before the Court of Appeal relating to a real estate development, on September 23, 2022. The court decision is published in Firestar Custom Home Builders Inc. v. 1099000 B.C. Ltd., 2022 BCCA 324.

Succeeded on behalf of a purchaser before the Supreme Court of British Columbia on March 11, 2022. The court decision is published in Chan v. Dhaliwal, 2022 BCSC 571.

Succeeded on behalf of vendors in preventing a real estate dispute from escalating into a lawsuit, on September 15, 2024.

Succeeded in dismissing a lawsuit relating to environmental contamination before the Supreme Court of British Columbia on behalf of a property owner, on April 8, 2024.

Acted for Professional Engineer in a complex civil fraud case involving multiple parties and jurisdictions

Successfully obtained payment on behalf of concrete formwork supplier against developer by way of claim against Builder’s Lien Holdback

Acted on behalf of glazing contractor in dispute with developers on multiple large developments with contract values between $5-$10m.

Successfully resolved a complex contractual dispute for a contractor involving over 40 defendants regarding unpaid invoices.

Successfully resolved a dispute for a contractor with a curtain wall, recladding, and window wall contractor, related to a labor and materials bond.

Drafted a custom construction contract for a luxury home builder, based on the CCDC 5B – 2010 Construction Management Contract, for use in the client’s ongoing operations.

Successfully represented a real estate company in a private arbitration in a dispute over the valuation of a residential building in downtown Vancouver

Successfully represented an insurer in its claim against a home builder for breach of contract

Successfully brought a summary judgment motion to dismiss an action against a real estate developer and a real estate builder

Acted on behalf of a homeowner in relation to a claim against a municipality and contractor in a dispute over construction related damages

Construction Dispute Resolution Services

  • Mediation and arbitration to resolve disputes
  • Managing construction projects legal issues
  • Litigating construction issues
  • Recovering unpaid claims for contractors
  • Terminating contracts with delinquent contractors
  • Settlements for contractors and owners

Construction Contracts

  • Construction contracts for owners
  • Construction contracts for contractors
  • Construction contracts for managers
  • Construction contracts for engineers
  • Using and modifying CCDC set of contracts

Builders Lien Services

  • Removing builders liens pursuant to Builders Lien Act
  • Registering builders liens
  • Certificates of Pending Litigation
  • Handling Notices to Commence an Action
  • Getting funds paid into court
  • Recovering money owed pursuant to a lien
WORK WITH THE BEST CANADIAN CONSTRUCTION LAWYERS
WORK WITH THE BEST CANADIAN CONSTRUCTION LAWYERS

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What Clients Say

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Construction projects, whether large-scale developments or residential renovations, are complex endeavors that require meticulous planning, skilled labor, and adherence to industry standards. However, when contractors fail to meet their obligations,

Work with the Best Canadian Construction Lawyers with ATAC LAW

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