Construction projects rarely go exactly as planned. When something goes wrong between owners, contractors, subcontractors, or suppliers, disputes can escalate quickly and become expensive. Knowing your options early can make a significant difference in the outcome.
What Counts as a Construction Dispute?
Construction disputes in BC cover a wide range of situations, including:
- Unpaid invoices or withheld payments
- Defective or incomplete work
- Project delays and cost overruns
- Disagreements over contract terms
- Disputes between general contractors and subcontractors
Whether you are an owner protecting your investment or a contractor trying to get paid, the process for resolving these disputes is the same: act early and understand your rights.
Your First Step: Review the Contract
Most construction disputes start with a contract, and most of the answers are in it. Before taking any action, review the agreement carefully. Look for clauses covering payment terms, dispute resolution procedures, and timelines for raising complaints. If the contract requires mediation or arbitration before litigation, you may be obligated to follow that process first.
Builders Liens: A Critical Protection for Contractors and Suppliers
If you are a contractor, subcontractor, or supplier who has not been paid, a builders lien is one of the most powerful tools available to you under BC law. Filing a lien against the property creates a legal claim that can prevent the owner from selling or refinancing until the debt is resolved.
There are strict deadlines for filing a builders lien in BC. Missing them means losing your right to file entirely. If payment is being withheld, getting legal advice quickly is not optional.
Negotiation and Mediation
Many construction disputes resolve without going to court. A lawyer can often help you negotiate directly with the other party or facilitate a mediated settlement. This is typically faster and less expensive than litigation, and it preserves business relationships when that matters.
When Litigation Becomes Necessary
If negotiation fails, BC Supreme Court litigation may be the next step. Construction litigation involves technical legal arguments around contract interpretation, damages, and in some cases, expert evidence on construction standards. Having a lawyer with experience in this area is important. Construction disputes are not straightforward contract claims and courts expect them to be argued accordingly.
How Long Does a Construction Dispute Take to Resolve?
There is no single answer. A negotiated settlement can happen in weeks. Litigation in BC Supreme Court can take one to three years depending on complexity. The earlier you get legal advice, the more options you have, and the more control you have over the timeline.
Talk to a Construction Dispute Lawyer
If you are dealing with a construction dispute in BC, McKechnie and Company can help. The firm handles construction litigation, contract disputes, and builders lien matters for owners, contractors, and suppliers across British Columbia.
Learn more about our construction disputes services or talk to our builders lien lawyers about protecting your right to payment.