The Legal Guide is where the ATAC LAW team sets that context in writing: practical commentary on the legal issues our clients across British Columbia actually face, drawn directly from the matters our lawyers handle across construction, litigation, estates, and beyond. We write from experience, not theory, translating the mechanics of BC law into terms that hold up whether you're a business owner assessing risk, a property developer navigating a lien claim, or an individual trying to understand where you stand.
41 articles
A BC construction easement lawyer represents property owners and strata corporations in negotiating, reviewing, and enforcing crane swing easements, shoring and underpinning agreements, and construction access licences. The…
Read MoreWhen a developer excavates adjacent to a property, the neighbouring owner faces risks of foundation settlement, structural cracking, water ingress, and vibration damage. BC law imposes a duty…
Read MoreBulk and investor assignment disputes arise where a purchaser who acquired one or more pre-sale units seeks to transfer the contract before completion, and the developer contests the…
Read MoreA Licence to Construct in BC is a contractual permission granted by a property owner to an adjacent developer, authorizing specific construction-related activities on or over the owner’s…
Read MoreA crane swing easement or licence agreement in British Columbia sets the terms on which one party may rotate a crane boom through a neighbouring property’s airspace during…
Read MoreBC property owners are entitled to negotiate financial compensation, legal cost reimbursement, and non-monetary concessions before granting a crane swing easement. Compensation ranges from a few thousand dollars…
Read MoreBuilding envelope warranty claims in BC are governed by the Homeowner Protection Act, which requires licensed residential builders to provide mandatory 5-year coverage for water penetration defects through…
Read MoreShoring and underpinning easements in BC grant a developer the right to physically install structural support elements in, against, or beneath a neighbouring property’s soil and foundations. These…
Read MoreA subcontractor in BC who has not been paid for completed work can file a builders lien against the property, pursue a breach of contract claim, invoke statutory…
Read MoreThe BC Builders Lien Act grants lien rights to every contractor, subcontractor, worker, and material supplier who provides labour or materials for an improvement on land, regardless of…
Read MoreThe rescission right in BC lets a buyer of residential real property cancel an accepted offer within three business days, without giving the seller any reason, in exchange…
Read MoreA fixed price construction contract binds a contractor to complete a defined scope of work for a single agreed dollar amount, with price changes permitted only through written…
Read MoreEvery new home built in British Columbia carries mandatory warranty insurance under the Homeowner Protection Act. 2-5-10 Home Warranty covers labour and materials for 2 years, the building…
Read MoreA real estate litigation lawyer can challenge a presale purchase you cannot complete by relying on the Real Estate Development Marketing Act (“REDMA” or the “Act”). Under REDMA…
Read MoreA low expropriation offer can almost always be challenged in British Columbia. The authority’s offer is its own estimate, not a legal determination. You can accept the advance…
Read MoreTo back out of a real estate contract in British Columbia, your route depends on the deal. Buyers of an existing home rely on unremoved subject conditions or…
Read MoreA contractor in British Columbia can sue for non-payment even without a written contract. BC courts enforce verbal agreements and recognize legal doctrines including quantum meruit and unjust…
Read MoreA lump sum contract sets a single, predetermined price for all construction work described in the project scope, and a contractor who signed one cannot increase that price.…
Read MoreReal estate developers in BC face lien exposure from every contractor, subcontractor, worker, and material supplier on a project simultaneously, making builders lien risk management a core function…
Read MoreConstruction contract disputes in BC resolve through: negotiation, mediation, arbitration, and litigation in BC Supreme Court. The right method depends on dispute value, the relationship between parties, and…
Read MoreA judgment creditor who registers a judgment against your property in British Columbia can apply to the BC Supreme Court to force a sale of the land under…
Read MoreA builders lien registered at the BC Land Title Office creates a statutory charge against property title that restricts the owner’s ability to sell, refinance, or transfer the…
Read MoreEnforcing a builders lien in BC requires filing a Notice of Civil Claim in BC Supreme Court and registering a certificate of pending litigation against the property title,…
Read MoreThe deadline to file a builders lien in BC is 45 days from the date a triggering event occurs: (1) issuance of a certificate of completion; (2) completion,…
Read MoreFiling a builders’ lien in British Columbia with the Land Title Office is free. Beyond the base registration fee, you need to account for related costs. A title…
Read MoreA builders’ lien in British Columbia lasts until the claimant commences a court action to enforce it within one year of registration, or the lien is legally extinguished…
Read MoreA contractor breach of contract in British Columbia occurs when a contractor fails to perform, delivers defective work, abandons a project, or violates a material term of the…
Read MoreCancellation of a pre-sale contract is possible in British Columbia when a developer fails to meet its legal obligations to purchasers. Navigating the complexities of the British Columbia…
Read MoreA builders lien in BC can be removed four ways under the Builders Lien Act: direct payment with a Release of Lien signed by the lien claimant, payment…
Read MoreYes, a contractor can put a builder’s lien on your house in British Columbia even without a written contract. The Builders Lien Act (the “Act”) grants lien rights…
Read MoreA builders lien is a statutory charge registered against a property’s title that secures payment for contractors, subcontractors, workers, and material suppliers who contributed to improvements on that…
Read MoreThe Builders Lien Act, SBC 1997, c. 45 requires every owner and party in a BC construction contract to retain 10% of each progress payment as holdback. This…
Read MoreTo put a builders lien on a property in BC, you usually must register a claim of builders’ lien at the Land Title Office within 45 days of…
Read MoreWhat Is a Crane Swing Easement in BC? A crane swing easement in BC is a legal agreement granting a developer the right to sweep a construction crane’s…
Read MoreIn 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…
Read MoreYes, 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…
Read More**Please note, this article is part of a two-part series on Indigenous Business Organizations. Indigenous Peoples have long maintained sophisticated systems of trade and governance, a practice that…
Read MoreJames Un, Senior Associate [email protected] In a landmark decision rendered on April 25, 2025, our Senior Associate Lawyer, James Un, secured a decisive victory on behalf of six…
Read MoreSigned a Presale Contract and Having Second Thoughts? Know Your REDMA Rights to Cancel or Terminate your Condo Presale Many people in B.C. purchase residential units in developments…
Read MoreRaymond Jin of ATAC LAW just received a successful decision from the Residential Tenancy Branch (RTB) for his client, avoiding a penalty of nearly $30,000.00. The client was…
Read MoreAn underpinning agreement, also called an underpinning contract, is a legally binding contract that governs how a developer reinforces a neighbouring foundation before excavating below it. It sets…
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