Building best practices
Rebroadcast
"Jump Start on CPD 2016": Friday, March 4, 2016; Time: 9:00 am – 4:00 pm
(Original course: Tuesday, November 24, 2015)
Who should attend: Lawyers who advise clients in all areas of construction law.
Learning level: All levels
Here is your update on the law around builders’ liens. How can you quickly identify the land to lien? What do you need to be aware of regarding First Nations lands, mines, and hydro and LNG projects? How can you save your client money getting liens off title? What are the issues when dealing with lien and trust rights in an insolvency? What are the traps and pitfalls of practicing in this area and how can you avoid them? Come and get answers from the experts, along with tips and insights to help you provide better service to your clients.
At this course you will learn about...
- determining work that is lienable and land that is lienable
- alternative sources of payment on liens
- how to put on liens and strike liens
- lien issues in insolvency proceedings
- how to use liens to benefit your client
- the most common misconceptions regarding liens
Law Society of BC CPD Hours: 6 hours (a minimum of 1 hour will involve aspects of professional responsibility and ethics, client care and relations, and/or practice management).
Course Chairs
John S. Logan — Jenkins Marzban Logan LLP, Vancouver
Donald A. Thompson, PEng — Jenkins Marzban Logan LLP, Vancouver
Pricing
"Jump Start on CPD 2016" Rebroadcast
EARLY BIRD (Register by February 1, 2016 and SAVE): $430
Save even more with your CPDone Pass. Click here for more info.
After February 1, 2016: $475
Registration includes an electronic copy of the course materials.
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CLEBC Program Lawyer
Teresa M. Sheward
tsheward@cle.bc.ca
Course Chairs
John S. Logan — Jenkins Marzban Logan LLP, Vancouver
Donald A. Thompson, PEng — Jenkins Marzban Logan LLP, Vancouver
About the Course Chairs
John S. Logan is a founding partner and managing partner of Jenkins Marzban Logan LLP, Vancouver. He has tried his fair share of cases, and feels particularly suited to dispute work as he can recall only the victories. John frequently acts as a mediator, referee, or arbitrator in commercial and construction disputes. He has an "AV" rating from Martindale Hubbell in construction and commercial litigation, has been included in the LEXPERT ALM 500 as one of the top 500 lawyers in Canada, and is rated as one of British Columbia's top construction lawyers by Lexpert, Best Lawyers, and Who's Who Legal. He is regarded by his mother as the best lawyer in the universe.
Donald A. Thompson joined the Vancouver firm of Jenkins Marzban Logan LLP in 1994; he was called to the BC bar in 1992. Previously he articled as a clerk to The Honourable Mr. Justice Lambert of the Court of Appeal and then at the law firm now known as Fasken Martineau DuMoulin. Don's practice is devoted almost exclusively to construction law.
Don is an editor of the CLEBC book BC Builders Liens Practice Manual, and the author of the manual’s Solicitor's Negligence chapter. He is chair of the BCLI Builders Lien Act Reform Project Committee and a regular PLTC lecturer on builders liens. Before law school, Don worked for 10 years as a process and project engineer.
Faculty
Ryan R. Chalmers — Dentons Canada LLP, Vancouver
Stephen P. Coyle — Dentons Canada LLP, Vancouver
Tyler S. Galbraith — Jenkins Marzban Logan LLP, Vancouver
Dirk H. Laudan — Borden Ladner Gervais LLP, Vancouver
John S. Logan — Jenkins Marzban Logan LLP, Vancouver
J. Marc MacEwing — Shapiro Hankinson & Knutson Law Corporation, Vancouver
David McKenzie — Jenkins Marzban Logan LLP, Vancouver
Marina A. Pratchett, QC — Fasken Martineau DuMoulin LLP, Vancouver
Donald A. Thompson, PEng — Jenkins Marzban Logan LLP, Vancouver
20% discount for course registrants!
BC Builders Liens Practice Manual
The answers and precedents you need to work effectively under the Builders Lien Act
This book is essential for: any solicitor dealing with construction, real estate loan transactions, or conveyancing, and commercial litigators who work on builders liens actions.
Current to: August 1, 2013 | Price: Print + Online $315 $250; Online Only $195 | # of pp.: 770
Lawyers and others involved in the construction industry need to have a good working knowledge of the Builders Lien Act and all its idiosyncrasies. Because the Act affects conveyancing, real estate lending, and accounting issues, solicitors in many practice areas receive exposure to the Act. Likewise, those engaged in commercial litigation work with builders lien actions in their practice. The British Columbia Builders Liens Practice Manual is a comprehensive resource designed to help those who are developing their knowledge in the area, and to provide speedy answers for legal issues that frequently arise under the Act.
Once again, CLEBC went directly to the top to get the best possible commentary and precedents. The manual was spearheaded by three leading authorities in the field: Don Thompson, J. Marc MacEwing, and Derek Brindle, QC. The book's authors have practiced for many years and written extensively in the area of builders liens.
Subscriptions include online access with search capability and links to the full text of case law and legislation, forms and precedents on CD-ROM, and regular updates.
ONLINE ONLY annual subscriptions are available. Subscribe now.
Welcome and Introduction
John S. Logan — Jenkins Marzban Logan LLP, Vancouver
Donald A. Thompson, PEng — Jenkins Marzban Logan LLP, Vancouver
Builders Lien Act Overview
John S. Logan — Jenkins Marzban Logan LLP, Vancouver
What Work is Lienable
- delivering materials and workers to site
- removing materials from site
- industrial machinery
- off-site work
- design work
- security services
- project management services
Tyler S. Galbraith — Jenkins Marzban Logan LLP, Vancouver
What Land is Lienable and How to Find It
- federal lands and undertakings
- First Nations lands
- LNG, oil and gas projects
- mines
- hydroelectric projects
- leasehold interests
- scope of the “improvement”
- how to identify the land to lien
David McKenzie — Jenkins Marzban Logan LLP, Vancouver
Donald A. Thompson, PEng — Jenkins Marzban Logan LLP, Vancouver
Questions & Discussion
Networking Break
Alternative Sources of Payment
- “Shimco” liens
- bond claims
- breach of trust claims
Dirk H. Laudan — Borden Ladner Gervais LLP, Vancouver
Getting Liens Off Title
- striking liens
- securing liens: court orders and trust agreements
- saving time and money with desk orders
J. Marc MacEwing — Shapiro Hankinson & Knutson Law Corporation, Vancouver
Questions & Discussion
Networking Lunch
Lien Issues in an Insolvency
- lien rights
- trust rights
- CRA requirements to pay
Marina A. Pratchett, QC — Fasken Martineau DuMoulin LLP, Vancouver
Ethics Issues and Practice Management Issues
- ethical questions
- negligence claims and how to avoid them
John S. Logan — Jenkins Marzban Logan LLP, Vancouver
Donald A. Thompson, PEng — Jenkins Marzban Logan LLP, Vancouver
Questions & Discussion
Networking Break
Popular Misconceptions
- the most common misconceptions regarding liens
Ryan R. Chalmers — Dentons Canada LLP, Vancouver
Lien Filing Periods—Traps For The Unwary
- the basic rules
- completion without certification
- certification issues
Stephen P. Coyle — Dentons Canada LLP, Vancouver
Questions & Discussion