Builders' Liens Update 2020

Course Chairs
John S. Logan, QC — Jenkins Marzban Logan LLP, Vancouver
David Mckenzie — Jenkins Marzban Logan LLP, Vancouver

About the Course Chairs
John is one of the founding partners and is the managing partner of Jenkins Marzban Logan LLP. He restricts his practice to the areas of construction and commercial litigation and alternate dispute resolution.

John is widely respected by members of the construction industry and the legal profession. He is included in the Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada and is listed by Lexpert as one of the most frequently recommended construction lawyers in BC. John has the highest possible (AV) rating in both Commercial and Construction Litigation from US ratings agency Martindale & Hubbell, is listed in Chambers and Partners, Who's Who Legal and Best Lawyers as one of Canada's top construction lawyers, arbitrators and mediators.

For many years, John has frequently chaired and lectured at conferences organized by CLEBC and other providers on construction law, commercial litigation, and alternate dispute resolution topics. He was one of the original authors of the BC Builder's Liens Practice Manual and has been involved as chair or speaker in virtually all of the CLEBC courses on construction law in the last 25 years. As well, John has taught the builder's liens course to almost every Professional Legal Training Program (PLTC) class for the last 25 years. He has also served on the Builders Lien Act Reform Project Committee of the BC Law Institute (BCLI). The BCLI has a mandate from the Ministry of Justice to identify problems in the operation of the Builders Lien Act, devise solutions for them, and make concrete law reform recommendations to implement the solutions.

David's practice is focused primarily in the area of construction law. His clients include developers, general contractors, subtrades, and suppliers. David acts as legal counsel in all aspects of the construction industry, from litigating and advising on tender, builders lien and contract disputes to construction-related solicitor work, including construction contracts, tender packages, and easement agreements. David is the current chair of the BC Builders Lien Act reform committee and he is a contributing author and member of the editorial board for the BC Builders Lien Practice Manual. He is listed by Lexpert as a repeatedly recommended construction lawyer in BC.

Faculty
Beth Allard — Norton Rose Fulbright Canada LLP, Vancouver
Tyler S. Galbraith — Jenkins Marzban Logan LLP, Vancouver
Scott R. Harcus — Alexander Holburn Beaudin + Lang, Vancouver
Christopher E. Hirst — Alexander Holburn Beaudin + Lang, Vancouver
Dirk H. Laudan — Borden Ladner Gervais LLP, Vancouver
J. Marc MacEwing — SHK Law Corporation, Vancouver
Christopher J. Moore — McLean & Armstrong LLP, West Vancouver
Michael Preston — McLean & Armstrong LLP, West Vancouver
Gabrielle Trahan — Norton Rose Fulbright Canada LLP, Vancouver

Click here for full faculty bios

Welcome and Land Acknowledgement (9:00 – 9:10)

What Land Can You Lien? (9:10 – 10:10)

• JVD v. Skookum
• new clarity on the importance of determining the "single integrated improvement"
• value of the land as defence to amount of lien
• the improvement versus benefit to the land itself
• need for statutory reform: the Builders Lien Act and interest

Christopher J. Moore — McLean & Armstrong LLP, West Vancouver
Michael Preston — McLean & Armstrong LLP, West Vancouver

The Claim of Lien: Both Form and Substance (10:10 – 10:40)

• common mistakes in completing a claim of lien:
  • claimant
  • property
  • work description
  • debtor
  • amount owed
  • payment due date
  • address for service
• consequences of mistakes in claims of lien

Tyler S. Galbraith — Jenkins Marzban Logan LLP, Vancouver

BREAK (10:40 – 11:00)

When Does Time Start Running?  (11:00 – 11:30)

• triggers for running of time
• substantial completion and certification of contracts
• limits of certification
• release of holdback
• brief overview of Alberta builders lien time regime

Beth Allard — Norton Rose Fulbright Canada LLP, Vancouver
Gabrielle Trahan — Norton Rose Fulbright Canada LLP, Vancouver

Builders Liens Law Reform (11:30 – 12:00)

Dirk H. Laudan — Borden Ladner Gervais LLP, Vancouver

LUNCH (12:00 – 1:00)

Getting Liens Off Title (1:00 – 1:30)

• removing defective liens
• securing liens pending resolution
• summary determination of holdback liability
• removing liens from strata property

J. Marc MacEwing — SHK Law Corporation, Vancouver

Liens and Insolvency (1:30 – 2:15)

• CCA proceedings and lien claimants
• bankruptcy and lien claimants
• the CRA and lien claimants

Scott R. Harcus — Alexander Holburn Beaudin + Lang, Vancouver
Christopher E. Hirst — Alexander Holburn Beaudin + Lang, Vancouver

BREAK (2:15 – 2:35)

Closing Out a Project (2:35 – 3:05)

Dirk H. Laudan — Borden Ladner Gervais LLP, Vancouver
David Mckenzie — Jenkins Marzban Logan LLP, Vancouver

Alternative Sources of Payment (3:05 - 3:30)

Dirk H. Laudan — Borden Ladner Gervais LLP, Vancouver
David Mckenzie — Jenkins Marzban Logan LLP, Vancouver

Builder's Lien Practitioner Pitfalls (3:30 – 4:00)

John S. Logan, QC — Jenkins Marzban Logan LLP, Vancouver
David Mckenzie — Jenkins Marzban Logan LLP, Vancouver
Christopher J. Moore — McLean & Armstrong LLP, West Vancouver