In a recent decision, Condominium Corporation No. 0522151 v JV Somerset Development Inc. (Somerset Condominium)[1], the Alberta Court of Appeal held that the hands-off developer of a condominium building may be liable for construction deficiencies that emerge years after the units are sold to initial owners.
Background
JV Somerset Development was the developer of a ...
BC Court of Appeal Settles the Law on Lien Rights for Construction Projects that Span Multiple Parcels of Land
The B.C. Court of Appeal (the “BCCA”) recently issued reasons for judgment in the highly anticipated case of JVD Installations Inc. v Skookum Creek Power Partnership (“Skookum”). The court, for the first time, declared that a “single integrated ...
Suppose a contractor or subcontractor is involved in a major renovation or expansion project such as work on a hospital, academic institution, or a large industrial or retail facility. Due to unfortunate circumstances while construction is underway and ongoing, through a fire, a water leak or other catastrophic event, damage to the newly renovated property occurs as well ...
Ever since the BC Court of Appeal (“BCCA”) decision in Shimco, practitioners and others have cried out for legislative amendments to the B.C. Builders Lien Act (the “Act”) which would see the elimination of a lien against holdback monies retained by owners and others down the contractual chain. Prior to Shimco, such a lien was not generally thought to exist. ...
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