Builder Beware: The Growth in Liability for Construction Deficiencies
An overview of the law governing claims for defective construction.
End-of-Warranty Reports under the Homeowner Protection Act
This paper reviews the mandatory coverage for new homes under the Homeowner Protection Act and the Homeowner Protection Act Regulation, and sets out some recommendations concerning the preparation of these reports.
Guide to 2-5-10 Warranty Reporting
The Homeowner Protection Act came into effect on July 1, 1999. This Guide sets out steps that may be followed to reduce the risk that a 2-5-10 warranty claim will be denied.
Legal Aspects of the "Leaky Condominium"
A paper presented at Homeowner Protection Office seminars that reviews legal issues arising from building envelope repairs.
Submission to the Attorney-General of British Columbia on Joint and Several Liability
This paper reviews the law of joint and several liability throughout common law jurisdictions and argues against the repeal of this doctrine in British Columbia. It was presented in response to the Attorney-General of British Columbia's 2002 Civil Liability Review initiative, which proposed several reforms to limit the liability of defendants in complex, multiparty litigation.
Submission to the Barrett Commission regarding the Reform of the Limitation Act
A 2000 submission by Lesperance Mendes to the Barrett Commission of Inquiry into the Quality of Condominium Construction. The author proposes reforms to the Limitation Act (a statute prescribing deadlines for suing) that would facilitate building envelope claims by strata corporations and owners.
Submission to the Homeowner Protection Office on its Discussion Paper "Raising the Bar"
This paper was presented to the Homeowner Protection Office in 2005, in response to a request for submissions on proposed amendments to the Homeowner Protection Act. The author recommends two initiatives to increase consumer confidence in the residential construction sector.
Submissions to Ministry of Attorney-General Regarding White Paper on Limitation Act Reform
This written submission was made on November 15, 2010 in response to an invitation for comments on proposed changes to the Limitation Act. The author's critique plans to reduce the "ultimate limitation period" from 30 years to 10 or 15 years, a change that would prejudice homeowners.
The Building Envelope Claim: A Primer
This article reviews the legal issues facing Strata Councils undertaking building envelope repairs.
The Law of Tendering: A Hidden Trap for Strata Corporations?
The author examines issues faced by strata corporations when requesting tenders for the repair of building defects, and concludes by recommending precautions to reduce risk of liability.
The Limitation Act: A Construction Guide for the Defective Condominium
The focus of this paper is the application of the Limitation Act (a statute prescribing deadlines for suing) to construction defect claims by strata corporations and owners.
