Succeeded on behalf of a defendant before the Supreme Court of British Columbia to remove a builder’s lien that was registered by a contractor against the defendant’s lands.
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.
Recent Construction Law Case Wins
Achieved a judgment in a contentious construction dispute in Supreme Court extinguishing a Builders Lien which resulted in an advantageous settlement.
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
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
Succeeded in appeal before the Court of Appeal for a legal proceeding 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.
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
What Clients are Saying
What Clients Say
“Over the course of a year, James Cain provided clear guidance, accurate advice, and a steady, reassuring presence during a very difficult process. He demonstrated extraordinary generosity with his time and expertise, offering consistent support without hesitation. His professionalism, care, and commitment went far above and beyond what one would normally expect […]
“I hired a lawyer David Milojkovic from ATAC LAW. To put a builders lien on this company storefront that owed me money. Best decision ever. Not only did David walk me through all potential Scenarios. He put down my builders lien in a timely fashion, and within two weeks of the builders lien being put […]
“Roy was extremely patient and very knowledgeable when we discussed my case and while he represented me in court. In every instance Roy was always responsive to our many questions. Roy’s advice was very measured, concise, and fair. I cannot say enough about the professionalism and support of Roy and Rosalind on behalf of ATAC […]
“I am extremely grateful for the exceptional legal support I received from Linting Zhang at ATAC LAW. From our first consultation, Linting demonstrated deep expertise, professionalism, and a genuine commitment to my case. They were always responsive, provided clear and insightful advice, and ensured I felt informed and confident throughout the entire process […]
See Why ATAC LAW is #1-Rated in BC
ATAC LAW’s purpose is to make clients happy. Clients of the firm say the lawyers at ATAC LAW make them feel comfortable throughout every step of the process. Watch to understand the experience of working with ATAC LAW.
RECENT ARTICLES
Why Owners should not take lightly a notice of claim of lien from a subcontractor
In Lonsdale Quay Market Corporation v. Klondike Contracting Corporation 2025 BCCA 461, the British Columbia Court of Appeal confirmed that if an owner, despite receiving notice of a subcontractor’s claim of lien, continues to pay a defaulting contractor, the payments will not reduce the “amount owing” to the contractor. To discharge the lien, the owner […]
In Lonsdale Quay Market Corporation v. Klondike Contracting Corporation 2025 BCCA 461, the British Columbia Court of Appeal confirmed that if an owner, despite receiving notice of a subcontractor’s claim
Suing a Contractor for Poor Workmanship in Canada
Yes, you can sue a contractor for poor workmanship in Canada. Homeowners in British Columbia have multiple legal pathways to recover losses caused by substandard construction work, including claims through the Civil Resolution Tribunal, BC Small Claims Court, or BC Supreme Court depending on the dollar value of the dispute. Poor workmanship in residential and […]
Yes, you can sue a contractor for poor workmanship in Canada. Homeowners in British Columbia have multiple legal pathways to recover losses caused by substandard construction work, including claims through
Construction Project Nightmares: How to Move On From Your Contractor
Construction projects—whether building a new home, developing a commercial property, or undertaking a major renovation—are complex undertakings. When problems arise with your contractor, the project can quickly become stressful and financially risky. Many property owners reach a point during construction where they feel they can no longer continue working with their contractor. Whether the issue […]
Construction projects—whether building a new home, developing a commercial property, or undertaking a major renovation—are complex undertakings. When problems arise with your contractor, the project can quickly become stressful and
Work with the Best Canadian Construction Lawyers with ATAC LAW
Please fill out the contact form below, or call us at 604-519-0660 at your convenience.
When disputes arise, having a trusted legal partner makes all the difference. Contact ATAC LAW to schedule a consultation and learn how we can help protect your rights and achieve your goals.