Construction Law Contracts, Disputes, Defects & Builder’s Liens in BC
The present pandemic has created never before seen issues and challenges in the building industry. At HOM, we pride ourselves in always staying ahead of the curve and up to date with all legal issues that could arise for our clients.
The construction lawyers at HOM have over 100 combined years of experience in dealing with every facet of the construction law industry, having represented homeowners, developers, contractors, subcontractors, and suppliers. We can also deal with any facet of real estate development, from concept to sale.
Lorenzo G. Oss-Cech, our team leader in this area, has litigated countless matters in the construction industry. He, along with his then partners, were one of the first lawyers to start the “leaky condos” wave of litigation in the early 1990s. Our team of experienced litigators can help with every issue including, during and after construction disputes, builders liens, contract disputes, delay claims and issues of active concealment if you find undisclosed damage after you purchase.
At HOM, we understand that project delays can be costly and add unnecessary stress. We strive to resolve matters quickly and economically efficiently for all our clients.
Should you need legal advice, contact us and our primary construction legal team Lorenzo G. Oss-Cech lgo@hom-law.com and/or his assistant Eleanor V. Dean. evd@hom-law.com.
Contracts
No matter whether you are a contractor, supplier, sub-contractor and/or an owner, the best way to avoid conflict is to have clarity regarding each parties’ obligations from the outset.
At HOM we can review a construction contract to ensure all is specified at the beginning of the project. This initial step can help avoid future legal disputes, potentially saving you thousands in resultant legal fees.
Disputes
Lack of clarity at the outset can create disputes over what is and what is not included in the contract.
These disputes can arise quickly and cause unnecessary delays and additional costs. No matter your position, HOM lawyers can offer help to solve the issues in a timely manner, to avoid delays and ensuring that the projects keep moving.
Deficiencies and Defects
Deficiencies and defects are not always readily apparent and can be discovered long after construction is completed.
Determining the extent of a defect can take time and it often is expensive. It also requires the understanding of who may be responsible for each particular defect.
HOM lawyers have the required experience to quickly identify the issues and advise you on how to proceed.
HOM lawyers have experience in dealing with construction matters of any size, having dealt with matters involving single-family dwellings to multi high-rise construction.
We will review your matter and advise you on how best to proceed, be it through litigation, arbitration and/or mediation.
Builder’s Liens
HOM lawyers have the expertise to deal with builder’s liens, whether you need a lien filed or one has been filed against you.
For contractors, material supplier, or others who work on a project, a builder’s lien is the security needed to ensure payment.
There is a limited time in which a lien can be filed, which requires meticulous observance to the provisions of the Builders Lien Act. A minor error on the form can invalidate a lien, as can a late filing.
HOM has the necessary apparatus to ensure that your liens are filed properly and on time. HOM can then prepare the required documents to ensure the lien is properly enforced.
If a builders’ lien has been filed against you, the removal of it is necessary to ensure continuity of funding and the project.
HOM lawyers can advise you of the best method to remove a line and can negotiate the removal of a builders’ lien, including through the posting of other security.
Consulting a Construction Law Professional
Get in touch with our team of construction lawyers in BC if you have any questions about construction law, contracts, disputes, defects, builder’s liens or anything else. We’d be happy to help you in any way we can.
