45th Annual Refresher Course: New Home Construction

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Acting for a New Home Builder: Contractual and Closing Considerations
By Bryce Milliken

This riveting paper provides an excellent review of common contracts (including the Alberta Real Estate Association standard real estate contract and the Alberta New Home Warranty contract) encountered in the new home building industry. After teaching you all there is to know about standard contracts, the author focuses on some of the common closing issues that arise between lawyers and some of the pitfalls of financing a construction project with a purchaser’s draw mortgage.

Length: 15 Pages

The Builders’ Lien Act – a Possible Landmine for Builders and Owners

By W. Donald Goodfellow QC

This paper canvasses the rights, responsibilities and obligations that builders and owners have under the Builders’ Lien Act. It touches on important questions such as who can file a builders’ lien, who constitutes an “owner” for the purpose of the legislation, and important differences between the major and minor lien fund. It also alerts readers to the common pitfalls involved in disbursing funds for purchasers and limited trust provisions available.

Length: 12 Pages

Consumer Protection in the Home Building Industry

By Schuyler V. Wensel QC

This paper discusses the need for changes to residential construction practices. In particular, the author discusses potential legislative and regulatory changes likely to take place in the areas of consumer protection and recourse, accountability in the construction industry, training for construction workers, public education, and the inspection system. This paper is a must read if you want to know what’s coming down the pipes in the world of home building construction.

Length: 21 Pages

Alternative Dispute Resolution of Disputes Arising from New Home Purchase Agreements
By T. D. Hamill

This paper addresses everything you ever wanted to know about alternative dispute resolution in the context of new home purchase agreements and warranty certificates. From the applicability of the Arbitration Act to new home purchases, to a conversation about arbitration agreements versus the Builders’ Lien Act, this is the paper for you if you want to understand the implications of arbitration clauses in new home purchase agreements.

Length: 12 Pages

These papers were drawn from materials presented at the 45th Annual Refresher Course – Real Estate seminar held in May 2012.

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