Construction Dispute
Lawyers in Vancouver

When a construction project breaks down, the financial and legal consequences can be severe. McKechnie & Company represents project owners, general contractors, subcontractors, construction managers, and suppliers in construction disputes across British Columbia.

OUR CLIENTS

Who We Represent

Construction disputes rarely involve just two parties. We act for all sides of the construction process:

  • Project Owners
    Dealing with defective work, delays, or contractor non-performance
  • General Contractors
    Facing payment disputes, delay claims, or subcontractor issues
  • Subcontractors & Trades
    Who have not been paid for work performed
  • Construction Managers
    Navigating multi-party disputes
  • Suppliers
    Caught in disputes between other parties on a project

OUR cases

Construction Disputes
We Handle

Our Vancouver construction litigation lawyers assist clients across a full range of disputes, including:

  • Non-payment and builders lien claims
  • Delay claims and schedule disputes
  • Construction defects and deficiencies
  • Change orders, extra work, and scope disputes
  • Residential construction disputes
  • Commercial construction disputes
  • Construction contract interpretation and breach
  • Disagreements between trades, subcontractors, and general contractors

Residential Construction Disputes

Residential construction disputes present unique challenges. Homeowners are often unfamiliar with construction contracts and processes and are dealing with a construction dispute for the first time, while contractors may be managing relationships with multiple trades and suppliers.

Our residential construction lawyers in Vancouver represent both homeowners and contractors, helping clients understand their rights under BC law and pursue practical resolutions.

Construction Defects & Deficiencies

Defects and deficiencies can expose owners, contractors, and trades to significant financial risk. We help clients assess the nature of the problem, determine who bears responsibility, and pursue or defend claims involving structural issues, water ingress, code compliance, faulty workmanship, and design errors.

Our Builders’ Lien Lawyers Assist With:

  • Filing and enforcing builders’ liens
  • Lien security and discharge applications
  • Payment claims under construction contracts
  • Disputes between owners, general contractors, and subcontractors

Builders Liens & Payment Disputes

Payment disputes are one of the most common triggers for construction litigation in BC. When a contractor, subcontractor, or supplier has not been paid for work performed or materials supplied, BC’s Builders Lien Act provides important remedies including the right to file a builders lien against the property.

Builders liens are not the only remedy available for non-payment. Depending on the circumstances, payment claims can also be pursued through breach of contract or breach of trust proceedings. We advise on all available options and which approach best suits your situation.

Learn more: Builders Lien Guide

OUR process

Resolving Construction Disputes

Litigation is not always the most efficient path. Many construction disputes are resolved more quickly and cost-effectively through negotiation or mediation. Where the matter requires a more structured process, arbitration can provide a private, tailored forum well-suited to complex construction matters.

Where formal proceedings are required, our construction contract lawyers represent clients in the BC Supreme Court and in arbitration. We work closely with our commercial litigation team when broader business issues arise alongside the construction dispute.

negotiation

mediation

arbitration

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Case Study

Recent Construction Dispute

1

Situation

A glazing subcontractor on a major commercial project suffered delays and deficiencies caused by another subcontractor.

2

Complication

The head contractor blamed the glazing subcontractor, refused to pay outstanding invoices, and asserted a deficiency set-off, resulting in significant financial prejudice.

3


Our Approach

McKechnie & Company filed a builders lien against the project, commenced legal proceedings to enforce the lien and recover the debt, obtained expert evidence to support the subcontractor’s position, and guided the matter through mediation.

4

Outcome

On the eve of a lengthy trial, the parties reached a negotiated settlement.

Frequently Asked Questions

We act for owners, contractors, subcontractors, construction managers, and suppliers in a wide range of disputes including non-payment and builders’ liens, delay claims, deficiencies, construction defects, and disagreements between trades. We handle both residential and commercial construction disputes across British Columbia.

Document everything as thoroughly as possible: contracts, correspondence, invoices, photos, and any written records of the issue. Get legal advice before taking formal steps such as terminating a contract or filing a lien. Early decisions can significantly affect your available remedies and overall legal position.

It depends on the nature and value of the dispute. Smaller matters may be suited to negotiation or the Civil Resolution Tribunal without legal representation. For disputes involving significant amounts, builders liens, defect claims, or multi-party litigation, getting legal advice early is important.

These claims typically involve establishing what work was required under the contract, what was actually performed, and who bears responsibility. They often require expert evidence. We advise clients on how to assess and document the problem and represent them in negotiations or formal proceedings.

No. Builders liens are an important remedy under BC’s Builders Lien Act but they are not the only option. Payment claims can also be pursued through breach of contract claims or breach of trust claims. We advise on all available remedies and which approach best suits your situation.

Yes, in many cases. Negotiation, mediation, and arbitration resolve a significant number of construction disputes before trial. Where litigation is necessary, our construction litigation lawyers are prepared to advance your matter in BC Supreme Court.

Contact Our Construction Dispute Lawyers

If you are facing a construction dispute, defect claim, payment issue, or contract disagreement, contact McKechnie & Company. We represent clients in Vancouver and throughout British Columbia.

Call us at 604-669-7705 or fill out our contact form to arrange a free 30-minute consultation.

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