Podcast
Questions and Answers
What is the purpose of the Builders Lien Act according to the text?
What is the purpose of the Builders Lien Act according to the text?
- To encourage lawsuits between contractors and subcontractors.
- To secure financial interests of contractors and workers until they are fully paid. (correct)
- To ensure that all improvements are done for free.
- To provide security to architects and engineers only.
What is the ultimate remedy available to lien claimants who remain unpaid?
What is the ultimate remedy available to lien claimants who remain unpaid?
- Seeking alternative dispute resolution.
- Negotiating a new contract with the owner.
- Court-supervised sale of the lands. (correct)
- Initiating a lawsuit based on the contract.
Which of the following interests cannot be liened under the Builders Lien Act?
Which of the following interests cannot be liened under the Builders Lien Act?
- Highways or roads
- Leases
- Provincial Crown and municipal lands
- Federal Crown interests (correct)
Who has lien rights for their services under the Builders Lien Act?
Who has lien rights for their services under the Builders Lien Act?
What do lien claimants need to rely on in the absence of the Builders Lien Act?
What do lien claimants need to rely on in the absence of the Builders Lien Act?
Which types of interests can the lien security created by the Act attach to?
Which types of interests can the lien security created by the Act attach to?
How is 'completed' defined under the Act?
How is 'completed' defined under the Act?
What is the purpose of a 'threshold formula' mentioned in the text?
What is the purpose of a 'threshold formula' mentioned in the text?
When can the relevant lien holdback be safely released according to the text?
When can the relevant lien holdback be safely released according to the text?
What is the significance of missing or defective items in an improvement, as mentioned in the text?
What is the significance of missing or defective items in an improvement, as mentioned in the text?
What must architects be aware of in order to properly certify completion of a subcontract?
What must architects be aware of in order to properly certify completion of a subcontract?
When can the owner's holdback from the contractor be progressively released according to the text?
When can the owner's holdback from the contractor be progressively released according to the text?
What does the 'certification of completion for lien purposes' entail according to the text?
What does the 'certification of completion for lien purposes' entail according to the text?
When must a lien be filed in the case of a single contractor (head contractor) engaged to do substantially all the work?
When must a lien be filed in the case of a single contractor (head contractor) engaged to do substantially all the work?
In which situation is the lien filing deadline not based on the completion of a 'head contract'?
In which situation is the lien filing deadline not based on the completion of a 'head contract'?
What is the cost of filing a lien at the Land Title Office?
What is the cost of filing a lien at the Land Title Office?
What action will cause a lien to be automatically extinguished?
What action will cause a lien to be automatically extinguished?
When does the issuance of a Certificate of Completion trigger the lien filing period?
When does the issuance of a Certificate of Completion trigger the lien filing period?
What is required to retain lien holdback monies by both owners and contractors?
What is required to retain lien holdback monies by both owners and contractors?
In what situation will the issuance of a Certificate of Completion not extend the lien and holdback periods?
In what situation will the issuance of a Certificate of Completion not extend the lien and holdback periods?
What is architects' responsibility regarding legal disputes between owners, contractors, and subcontractors?
What is architects' responsibility regarding legal disputes between owners, contractors, and subcontractors?
'Payment certifier' architects may find themselves responsible for preparing what under the Act?
'Payment certifier' architects may find themselves responsible for preparing what under the Act?
In construction management projects with multiple contracts, when should a lien be filed?
In construction management projects with multiple contracts, when should a lien be filed?
Who is responsible for requesting the publication of an advertisement of completion?
Who is responsible for requesting the publication of an advertisement of completion?
What is the importance of using forms of agreement consistent with provincial legislation?
What is the importance of using forms of agreement consistent with provincial legislation?
What does the term 'lien holder' refer to under the Act?
What does the term 'lien holder' refer to under the Act?
When is the builders lien holdback typically triggered in a construction contract?
When is the builders lien holdback typically triggered in a construction contract?
In what situation do CCDC 5A, 5B, and 17 contracts attract their own holdback trust account?
In what situation do CCDC 5A, 5B, and 17 contracts attract their own holdback trust account?
Under what circumstances do the Act's holdback provisions not apply?
Under what circumstances do the Act's holdback provisions not apply?
Which type of construction contracts are CCDC 2 and CCDC 3 considered to be?
Which type of construction contracts are CCDC 2 and CCDC 3 considered to be?
What is General Condition 5.6 under CCDC 2 2008 related to?
What is General Condition 5.6 under CCDC 2 2008 related to?
What is the main purpose of the standard owner/contractor form of contract?
What is the main purpose of the standard owner/contractor form of contract?
What additional action might be required to use CCDC 3 with BC lien legislation?
What additional action might be required to use CCDC 3 with BC lien legislation?
If a project owner is the provincial government, to whom does the holdback interest accrue after the holdback period expires?
If a project owner is the provincial government, to whom does the holdback interest accrue after the holdback period expires?
Who is responsible for the administration of holdback trust accounts as per the text?
Who is responsible for the administration of holdback trust accounts as per the text?
Who can be designated as the payment certifier as per the Act?
Who can be designated as the payment certifier as per the Act?
What entities are exempted from the requirement to open a holdback account as per the Builders Lien Public Bodies Holdback Exemption Regulation?
What entities are exempted from the requirement to open a holdback account as per the Builders Lien Public Bodies Holdback Exemption Regulation?
What additional duties and responsibilities does the Act mention with regard to payment certification?
What additional duties and responsibilities does the Act mention with regard to payment certification?
Who should act as the payment certifier for subcontracts according to common practice mentioned in the text?
Who should act as the payment certifier for subcontracts according to common practice mentioned in the text?
How can a role as a payment certifier be acquired according to the text?
How can a role as a payment certifier be acquired according to the text?
"What happens if an architect issues only a 'Certificate of Completion' without being the payment certifier throughout a project?"
"What happens if an architect issues only a 'Certificate of Completion' without being the payment certifier throughout a project?"
What is NOT an exemption from opening a holdback account?
What is NOT an exemption from opening a holdback account?
What is one of the two important caveats to an architect’s lien rights mentioned in the text?
What is one of the two important caveats to an architect’s lien rights mentioned in the text?
What did British Columbia’s courts rule regarding architects' lien rights in relation to construction commencement?
What did British Columbia’s courts rule regarding architects' lien rights in relation to construction commencement?
What does the Act define as an 'improvement' regarding architects' lien rights?
What does the Act define as an 'improvement' regarding architects' lien rights?
What is the purpose of a lien holdback according to the text?
What is the purpose of a lien holdback according to the text?
Who is entitled to share pro rata in a fund when claiming under the same contractor or subcontractor?
Who is entitled to share pro rata in a fund when claiming under the same contractor or subcontractor?
What does 'services' include under the Act regarding lien rights?
What does 'services' include under the Act regarding lien rights?
What qualifies as a contractor under the Act in relation to lien rights?
What qualifies as a contractor under the Act in relation to lien rights?
What are 'subcontractors' defined as under the Act regarding lien rights?
What are 'subcontractors' defined as under the Act regarding lien rights?
What percentage must owners and contractors retain as holdbacks under the Act?
What percentage must owners and contractors retain as holdbacks under the Act?
'Improvement' includes which of the following under the Act regarding lien rights?
'Improvement' includes which of the following under the Act regarding lien rights?
Why is it recommended to use the standard General Condition 3.7 of CCDC-2/08 according to the text?
Why is it recommended to use the standard General Condition 3.7 of CCDC-2/08 according to the text?
What is the architect's role when subcontracts involve work largely of an engineering nature?
What is the architect's role when subcontracts involve work largely of an engineering nature?
Why are schedules of values required to be prepared by the 'parent' contractor according to the text?
Why are schedules of values required to be prepared by the 'parent' contractor according to the text?
When is it possible to receive numerous applications for certification of completion by every subcontractor?
When is it possible to receive numerous applications for certification of completion by every subcontractor?
What is the specific lapse of time within which a payment certifier must respond to an application for certification of completion according to the text?
What is the specific lapse of time within which a payment certifier must respond to an application for certification of completion according to the text?
What happens if the payment certifier fails to deliver copies to relevant parties within 7 days of certifying a contract complete?
What happens if the payment certifier fails to deliver copies to relevant parties within 7 days of certifying a contract complete?
Why does the architect not undertake to be the payment certifier for subcontracts largely of an engineering nature?
Why does the architect not undertake to be the payment certifier for subcontracts largely of an engineering nature?
What is one reason for separate certification of completion for some subcontractors mentioned in the text?
What is one reason for separate certification of completion for some subcontractors mentioned in the text?
Why does the text emphasize that schedules of values need to be accurately prepared by the 'parent' contractor?
Why does the text emphasize that schedules of values need to be accurately prepared by the 'parent' contractor?
What could be a consequence of overloading the payment certifier(s) with numerous applications for completion certifications?
What could be a consequence of overloading the payment certifier(s) with numerous applications for completion certifications?
What legal obligation does an architect have towards a subconsultant?
What legal obligation does an architect have towards a subconsultant?
Under what circumstances is an architect not subject to builders lien holdback?
Under what circumstances is an architect not subject to builders lien holdback?
What ethical duty does an architect have even if paid by their client for the subconsultant's earnings?
What ethical duty does an architect have even if paid by their client for the subconsultant's earnings?
What is emphasized as important for architects when reviewing construction for conformance?
What is emphasized as important for architects when reviewing construction for conformance?
What is NOT a part of the standard references on contract administration mentioned in the text?
What is NOT a part of the standard references on contract administration mentioned in the text?
What do architects rely on in order to stay informed about laws applicable to their profession according to the text?
What do architects rely on in order to stay informed about laws applicable to their profession according to the text?
What must architects do when reviewing construction for conformance, according to the text?
What must architects do when reviewing construction for conformance, according to the text?
What does the Practice Guideline recommend architects do in terms of obtaining legal advice?
What does the Practice Guideline recommend architects do in terms of obtaining legal advice?
What should architects do in light of changes to legislation according to the text?
What should architects do in light of changes to legislation according to the text?
What is the ethical duty of an architect, even if they have been paid by their client for the subconsultant's earnings?
What is the ethical duty of an architect, even if they have been paid by their client for the subconsultant's earnings?
What does an architect's legal obligation entail in relation to a subconsultant?
What does an architect's legal obligation entail in relation to a subconsultant?
When reviewing construction for conformance, what must architects do according to the text?
When reviewing construction for conformance, what must architects do according to the text?
What is emphasized for architects in terms of legal disputes between owners, contractors, and subcontractors?
What is emphasized for architects in terms of legal disputes between owners, contractors, and subcontractors?
What is one of the responsibilities of architects regarding construction conformance reviews?
What is one of the responsibilities of architects regarding construction conformance reviews?
What should architects do in light of changes to legislation according to the text?
What should architects do in light of changes to legislation according to the text?
When do architects have an ethical duty to pay corresponding monies to a subconsultant?
When do architects have an ethical duty to pay corresponding monies to a subconsultant?
'Payment certifier' architects may find themselves responsible for preparing what under the Act?
'Payment certifier' architects may find themselves responsible for preparing what under the Act?
What is NOT a reason for separate certification of completion for some subcontractors mentioned in the text?
What is NOT a reason for separate certification of completion for some subcontractors mentioned in the text?
What is an architect's ethical duty when they have been paid by their client on account of a subconsultant's earnings?
What is an architect's ethical duty when they have been paid by their client on account of a subconsultant's earnings?
What is the legal obligation of an architect towards a subconsultant?
What is the legal obligation of an architect towards a subconsultant?
What role should architects undertake regarding legal disputes?
What role should architects undertake regarding legal disputes?
What must architects do when reviewing construction for conformance, as per the text?
What must architects do when reviewing construction for conformance, as per the text?
Why are architects encouraged to obtain legal advice, according to the text?
Why are architects encouraged to obtain legal advice, according to the text?
'Completed' under the Act is defined as:
'Completed' under the Act is defined as:
What is one of the reminders given to architects regarding their decisions when reviewing construction for conformance?
What is one of the reminders given to architects regarding their decisions when reviewing construction for conformance?
What is one significant aspect of architects' responsibility mentioned in the text?
What is one significant aspect of architects' responsibility mentioned in the text?
When should architects rely on other knowledgeable professionals and qualified persons, according to the text?
When should architects rely on other knowledgeable professionals and qualified persons, according to the text?
Why are architects recommended to consult with their professional liability insurers?
Why are architects recommended to consult with their professional liability insurers?
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