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ARTICLE · 04 APRIL 2022

Is A "Construction Project" An "Improvement"?

The B.C. Court of Appeal (the "BCCA") recently issued reasons for judgment in the highly anticipated case of JVD Installations Inc. v Skookum Creek Power Partnership ("Skookum").

CanadaReal Estate and Construction

BC Court of Appeal Settles the Law on Lien Rights for Construction Projects that Span Multiple Parcels of Land

The B.C. Court of Appeal (the "BCCA") recently issued reasons for judgment in the highly anticipated case of JVD Installations Inc. v Skookum Creek Power Partnership ("Skookum"). The court, for the first time, declared that a "single integrated improvement" is not part of the law in B.C. and dismissed certain claims of builders' liens (the "Lien Claims") in their entirety. The result means that contractors and subcontractors will have more restrictive lien rights than perhaps expected, or anticipated, where they are engaged in constructing large and complex construction projects involving multiple parcels of land.

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