Whether something put on land is an “improvement” for the purposes of construction and builders’ liens can be a difficult question of fact and law. Usually the dispute revolves around the degree of attachment of the “thing” to the land and the permanence of the attachment. Then, add to that dispute the fact that “services” […]
Continue Reading →Are “Services” Lienable If They Relate To Something That Is Not An “Improvement”?
Posted by: Construction Law Canada
Are There Exclusive and Inclusive Definitions Of “Improvement” In The Lien Statutes?
Posted by: Construction Law Canada
The Saskatchewan Queen’s Bench recently considered the definition of the word “improvement” in the Builders’ Lien Act of Saskatchewan. In Propak Systems Ltd. v. Grey Owl Engineering Ltd., that court held that the lien statutes of some provinces, like British Columbia, contain “inclusive” definitions and others, like Saskatchewan’s, contain an “exclusive” definition that also requires […]
Continue Reading →Decision Holding That Demolition Is Not An Improvement Is Reversed
Posted by: Construction Law Canada
In my article dated December 11, 2011, I reported on a decision of the British Columbia Supreme Court holding that demolition is not an “improvement” for the purposes of the B.C. Builders Lien Act (the Act). That decision has since been reversed by the B.C. Court of Appeal. It was not reversed on the merits, […]
Continue Reading →Does The Removal Of Equipment Amount To An Improvement For Lien Purposes?
Posted by: Construction Law Canada
Update: The decision of the BC Supreme Court in West Fraser Mills Ltd. v. BKB Construction Inc., referred to in this article has since been reversed by the BC Court of Appeal. Please see my blog of April 7, 2012. The decision of the BC Supreme Court may still be relevant if and when that […]
Continue Reading →Construction Lien Act – Improvement
Posted by: Construction Law Canada
January 2011 Construction Lien Act – Improvement: The Ontario Construction Lien Act has been recently amended to broaden the definition of “improvement”. That definition now includes the installation of industrial, mechanical, electrical or other equipment on the land or any building, structure or works on the land that is essential to the normal or intended […]
Continue Reading →