Surrey Construction Litigation Lawyers
Resolving Construction Disputes for Developers, Contractors, and Property Owners in Surrey, BC
Construction disputes take many forms, from complex tendering disputes and lien claims to delay claims, prompt payment issues, work deficiencies, and more.
The common denominator for all such disputes is that the stakes can be very high for all parties concerned.
This makes it essential to resolve such disputes as soon as possible, or construction litigation may become necessary, increasing costs and delays.
The construction dispute litigation lawyers at Legalbird can help resolve these matters in or out of court in British Columbia. We protect the rights and best interests of clients at all times, backed by extensive legal skills and experience within the construction industry.
Construction Litigation Disputes We Handle
Whether you are a building owner, general contractor, architect, engineering firm or subcontractor, disputes are an unwanted but common facet of the construction industry in B.C.
The main types of construction disputes are:
Builder’s Liens
Filing, enforcing, or removing liens under the BC Builders Lien Act to help protect payment rights.
Payment Disputes
We handle issues involving non-payment, delayed payment, and failure to release holdbacks.
Work Deficiencies
Claims related to poor workmanship, code violations, or unfinished construction.
Project Delays
Disputes over scheduling, extensions, and financial losses caused by construction delays.
Breach of Contract
We assist with enforcing or defending against claims involving broken agreements, missed deadlines, or incomplete work.
Real Estate Development Issues
Filing, enforcing, or removing liens under the BC Builders Lien Act to help protect payment rights.
Tendering Disputes
Legal guidance for owners and bidders involved in tendering processes, including claims for unfair advantage, breach of tender rules, or misleading bid information.
Construction Contract Disputes
We help resolve contract issues related to payment terms, change orders, scope of work, termination clauses, or other misunderstood or disputed contract terms.
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Construction Litigation Frequently Asked Questions
What is the BC Builders Lien Act
The British Columbia Builders Lien Act is a provincial law that provides legal rights and remedies for individuals and companies who supply labour, materials, or services to a construction project. It creates a statutory lien, called a builder’s lien, which allows contractors, subcontractors, workers, and material suppliers to secure unpaid amounts by registering a claim against the property where the work was performed or materials delivered.
The Act has two main purposes. First, it offers security for payment to those who contribute to the value of land through construction work. Second, it ensures that property owners do not benefit from these improvements without fairly compensating the people who performed the work. Because builder’s liens are entirely statutory, the courts do not have the discretion to relax or extend the strict timelines or filing requirements. If the rules are not followed exactly, the right to file a lien is lost.
The Act also requires a statutory holdback, typically 10 percent of all payments made under a construction contract. These holdbacks provide a pool of funds to cover potential lien claims from those lower in the payment chain. Additionally, the Act imposes trust obligations on contractors and subcontractors, requiring them to use project funds to pay suppliers and workers before covering other business expenses.
Given the strict deadlines, technical definitions, and legal consequences, understanding the Builders Lien Act is essential for anyone involved in construction projects in BC.
Timelines to File a Builder’s Lien in British Columbia
In BC, builder’s lien deadlines are strict under Section 20 of the Builders Lien Act. If you miss them, the lien is invalid and cannot be extended.
A lien must usually be filed in the Land Title Office within 45 days, but the start date depends on the project status:
- With a certificate of completion: The 45 days start from the date on the certificate, which is typically issued by an architect or engineer and posted on site.
- Without a certificate: The 45 days start from the earliest of:
- Completion, abandonment, or termination of the head contract (if there is one)
- Completion or abandonment of the improvement (if there is no head contract)
Completion means substantial performance, measured by the “3-2-1 formula” in the Act. Abandonment occurs if no work is done for 30 days unless delays are caused by strikes, weather, or material shortages. Only termination of the head contract triggers the deadline, not a subcontract.
After filing, you must also start a civil action and register a Certificate of Pending Litigation (CPL) within 1 year of filing. If served with a Notice to Commence Action, you have 21 days to complete both steps. Missing these deadlines will cancel the lien.
Because lien rights in BC exist only under statute, accuracy and timing are critical. Legalbird’s Surrey construction litigation lawyers can ensure your lien is filed and enforced on time.
How are construction disputes resolved in BC?
Disputes in construction projects are common for owners, contractors, and subcontractors. They often arise when one party misunderstands or fails to meet their contractual obligations. While some cases require court action, many disputes can be resolved through alternative dispute resolution (ADR).
Negotiation
Parties meet informally, with or without lawyers, to try to reach an agreement. This is often faster and less costly than other methods, but it should be handled carefully to avoid making the dispute worse.
Mediation
A neutral mediator helps both sides work toward a voluntary agreement. Mediation is private, quicker than litigation, and allows the parties to control the outcome.
Arbitration
More formal than mediation but still private. An agreed-upon arbitrator hears evidence from both sides and makes a legally binding decision. Many construction contracts require arbitration before litigation.
Litigation
The final option when other methods fail. Construction litigation follows strict court procedures and can take years to resolve. Hearings are public, and a judge makes the final decision. Legalbird’s Surrey construction litigation lawyers have the experience to protect your interests at every stage.
Contact Our Construction Litigation Lawyers For Help Today
Many construction disputes can be avoided by preparing clear, detailed contracts before work begins. The right legal guidance ensures that agreements address potential risks and reduce the chance of costly litigation.
At Legalbird, Managing Partner, Kawal Atwal, brings a wealth of litigation knowledge to an array of construction matters. He understands both the legal and practical challenges of the construction industry and works to protect your interests from day one.
Our construction litigation team can help you:
- Draft legally binding contracts that reduce the risk of disputes and protect your rights.
- Clearly define payment schedules, scope of work, change orders, warranties, and termination clauses.
- Ensure all stakeholder concerns are addressed and recorded before the project starts.
- Review and explain complex contract terms in plain language so you understand your obligations.
- Maintain clear communication throughout the project to manage changes and avoid misunderstandings.
If you are starting a construction project or facing a dispute, our Surrey construction litigation lawyers can help you take proactive steps to avoid legal problems. Contact us for a free 30-minute consultation to discuss your options.
