more than 40 years of legal experience
302, 15252 – 32nd Avenue | Surrey, British Columbia V3Z 0R7If you’re facing a construction dispute, having a seasoned construction lawyer by your side can make all the difference. Robert Doran, an experienced construction litigation lawyer in Vancouver, prides himself on advocating for some of the biggest contractors and resolving the most complex disputes quickly and efficiently. Construction and contractor disputes are complex, but you don’t have to deal with them alone. Put your trust in our construction lawyer and focus on your construction business.
Your skilled construction law team will ably fill all the following primary roles:
The basics of resolving construction industry disputes include the following:
Construction law lawyers skilfully handle a broad range of legal issues and concerns, including:
To successfully resolve a difficult construction claim and protect the interests of your construction business, you need a construction lawyer with extensive experience representing clients and navigating all types of construction disputes. Robert Doran has worked closely with different project teams, from construction managers to developers and architects. This hands-on experience allows him to anticipate potential disputes that may arise and proactively address them, mitigating risks and protecting clients’ interests.
Construction projects tend to involve multiple challenging layers, and there is plenty of space for disputes to arise. Having focused legal representation in your corner from the start can make a profound difference in how your claim is resolved.
There are many kinds of construction projects and many kinds of construction contracts and disputes, and a better understanding of yours can help you avoid common errors and make the right decisions for you moving forward.
Disputes can take all the following forms:
Contractor disputes arise concerning terms that either the contractor or the client fail to live up to or to actions on either side that lie outside contractual boundaries.
Construction liens refer to claims that contractors make against private owners of specific properties they’ve worked on under a contract but haven’t been paid regarding.
Whether you’re a client of a construction company with a performance or financial concern or a construction group, general contractor, or third-party contractor that has a debt collection concern regarding contracted work, a construction lawyer can help smoothly guide an advantageous dispute resolution.
Avoiding court is generally considered beneficial, and alternative dispute resolutions (ADRs) like mediation and arbitration often prove successful. Mediation involves the guidance of a professional mediator, and if a settlement is reached, it becomes legally binding. Arbitration must be agreed upon in advance, and it involves a less formal but structured process that leads to legally binding decisions.
In British Columbia, construction liens are governed by the Builders Lien Act (SBC 1997, c. 45). If you have supplied work or materials to a project and haven’t been paid, this Act gives you a powerful security tool — but it comes with strict, unforgiving deadlines, and missing them can extinguish your lien rights entirely.
A builders lien must generally be filed within 45 days of substantial completion, abandonment, or termination of the project — or within 45 days of the date a certificate of completion is issued for your contract or subcontract. BC courts have no discretion to extend this deadline, so it is enforced strictly. The claim of lien is filed at the Land Title Office and must include the legal description of the property, not just a street address.
The Act requires owners and contractors to retain a 10% holdback from payments made under a construction contract, so that funds remain available for unpaid lien claimants. British Columbia uses a multiple holdback system, meaning contractors and subcontractors must also hold back 10% from those they hire. Holdback funds can generally be released 55 days after a certificate of completion is issued, provided no liens have been filed in the meantime.
Filing a lien is only the first step. To enforce it, you must start a court action in the Supreme Court of British Columbia registry nearest the property. You generally have one year from the date the lien was filed to commence that action — but if the owner serves a Notice to Commence an Action, you must act within 21 days or the lien is extinguished. Because these timelines are tight and the paperwork is technical, getting legal advice early is critical.
If your case goes to court, the process is exacting, tends to be lengthier, and will likely be more costly than avoiding trial , but if the other side refuses to budge, it will likely be necessary.
Your resourceful lawyer’s in-depth understanding of construction law will help resolve your claim outside of court if feasible, and if not, they will take decisive action concerning your court case.
Navigating your construction claim is an important piece of the litigation puzzle, and the legal assistance and guidance you receive can make all the difference in the outcome.
Some of the most common types of construction claims include delay and contract claims.
Delay claims relate to unreasonable delays in the construction process, which can put construction clients’ in difficult financial situations.
Contract claims relate to terms included in the contract that either party failed to uphold.
Construction law supports construction litigation in those claims that can’t be successfully negotiated or resolved through ADR.
Contractors and design professionals – like other professionals – bear significant professional liability. Failure to live up to these responsibilities can lead to real estate development litigation.
When construction disputes arise in Canada, the legal framework generally follows a predetermined path that includes:
The basic laws that guide construction disputes include all the following:
Public-private partnerships in Canada are a kind of service delivery system that includes a formal collaboration between both the public and private sectors – generally for long-term initiatives. Joint ventures, on the other hand, describe any arrangement in which two or more parties agree to contribute to a shared commercial enterprise.
British Columbia imposes few restrictions on joint venture licensing, but disputes happen, and the legal path forward tends to be challenging.
British Columbia embraces a freedom of contract approach to the construction project.
The requirements for general contractors and design professionals include:
Priority disputes tend to arise with ambiguous insurance policies that apply to the contract work in question. These matters can be quite complex.
Construction liens relate to construction work that goes unpaid, and debt collection is a natural by-product.
Including the matter of construction liens in contracts can head disputes off at the pass by addressing how such concerns will be resolved, such as in arbitration.
Alternative dispute resolution in construction refers to methods other than addressing the matter in court.
There are several basic categories of alternative dispute resolution, including:
Negotiations generally involve each side and their respective construction lawyers coming together in good faith to resolve the construction dispute between themselves. Mediation takes negotiations a step further by including the guidance of a professional mediator. Arbitration, on the other hand, is a more structured process that is legally binding.
If negotiations have stalled, alternative dispute resolution offers an excellent opportunity to avoid the formal litigation process.
Accomplished construction lawyers represent property owners and contractors alike, and their legal representation in construction matters can prove highly effective.
Construction projects are complex to begin with, and when insolvency issues arise, they become that much more so. The financial effects can have far-reaching consequences, but lawyers who focus on construction practice have the experience and drive to help.
Construction group practices are designed to promote client goals concerning the project at hand and to take a proactive stance in response to insolvency or potential insolvency.
Your esteemed construction dispute lawyer brings a broad range of confidence-inspiring experience, technical knowledge and legal skills to your construction dispute claim.
Construction projects include many working parts that come with a good deal of attendant expense, and insolvency can raise its ugly head at many different levels. Addressing the matter head-on with trusted legal guidance by your side is the surest path forward.
In Chandos Construction Ltd. v. Deloitte Restructuring Inc., 2020 SCC 25, the Supreme Court of Canada ruled that when a contracting party’s insolvency triggers a contractual clause removing value from the estate of the debtor, the clause is void and won’t be upheld by Canadian courts.
The formidable construction litigation lawyer at Doran Law in Vancouver appreciates the significance of your claim and dedicates his impressive practice to focused advocacy that supports your legal rights and financial interests. For more information, please don’t wait to reach out and contact or call us at 604-542-9455 today.
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