BC Builders Liens Practice Manual

Product Type: Publications - Print + Online
ISBN: 1-55258-070-9
Pages: 770
Price: $315.00

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The answers and precedents you need to work effectively under the Builders Lien Act

This publication is essential for: any solicitor dealing with construction, real estate loan transactions, or conveyancing, and commercial litigators who work on builders liens actions.

Current to: August 1, 2013

Lawyers and others involved in the construction industry need to have a good working knowledge of the Builders Lien Act and all its idiosyncrasies. Because the Act affects conveyancing, real estate lending, and accounting issues, solicitors in many practice areas receive exposure to the Act. Likewise, those engaged in commercial litigation work with builders lien actions in their practice. The British Columbia Builders Liens Practice Manual is a comprehensive resource designed to help those who are developing their knowledge in the area, and to provide speedy answers for legal issues that frequently arise under the Act.

Once again, CLEBC went directly to the top to get the best possible commentary and precedents. The manual was spearheaded by three leading authorities in the field: Don Thompson, J. Marc MacEwing, and Derek Brindle, QC. The book's authors have practiced for many years and written extensively in the area of builders liens.

Subscriptions include online access with search capability and links to the full text of case law and legislation, forms and precedents on CD-ROM, and regular updates.

ONLINE ONLY annual subscriptions are available. Subscribe now.

Highlights of the 2013 update

Comprehensive discussion of developments in the area of liens, including

  • what work will be considered an “improvement” or “in relation to an improvement”
  • e-filing claims of builders liens with the LTSA
  • the court’s jurisdiction to discharge liens against holdback despite lack of express statutory authority
  • the procedure for consent applications under s. 24
  • when the court may exercise its discretion to order reduced lien security or to refuse to allow a lien bond to be used as security
  • the scope of s. 25 to address shortcomings in liens
  • release of the holdback under the Strata Property Act
  • when directors and officers of a corporate statutory trustee may be liable for a breach of a constructive trust
  • the potential application of the new Limitation Act to limitation periods for an action by a beneficiary claimant against a constructive trustee
  • the priorities of a secured lender under a mortgage for advances made under a loan
  • the role of unjust enrichment as remedy to a subcontractor who fails to comply with time limits under the Act

CLEBC Legal Editor
Morag MacLean

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