What does Perfecting a Builders Lien Mean?

What does Perfecting a Builders Lien Mean?

In Nova Scotia, a builder’s lien that is registered against a property only stays valid for 105 days past the last day of work done on the property unless the lien is “perfected”. “Perfection” in the context of a builder’s lien means that the person who holds the lien formalizes their claim by starting a lawsuit in the Supreme Court of Nova Scotia. If no lawsuit is started within the required time, the lien becomes completely invalid.

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What Happens After I Lose a Lawsuit?

What Happens After I Lose a Lawsuit?

If you participate in a lawsuit and lose, the judge will issue an order against you. The order will outline the details of his decision, specifically the details of what you are legally obligated to do. In many cases this involves paying somebody a certain amount of money. At this point you can simply choose to pay the amount the judge has ordered you to. However, for a lot of people this is not a realistic option.

 

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Do Builders' Liens Really Work?

Do Builders' Liens Really Work?

I was asked recently by a contractor if there was really any value in filing a builder’s lien in Nova Scotia. Reading between the lines, I gathered what he was really asking was, is it worth the money in legal fees that it would cost to go through with a builder’s lien process. The answer is, it depends.

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How to Defend A Small Claims Court Action

How to Defend A Small Claims Court Action

To start a small claims court action a claimant has to file paperwork at the court. The next required step is to serve the documents on the defendant. This means they either have to pass the documents to the defendant themselves or hire or arrange for someone else to do so. If you are never personally served with documents than it’s a safe bet there is no lawsuit against you.

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Why Should My Contracts Be in Writing?

Why Should My Contracts Be in Writing?

Verbal contracts are technically enforceable. You can go to court and obtain a judgement against someone who doesn’t respect a verbal agreement. So why bother getting it in writing? Here are a couple of basic reasons why everyone should use a written agreement instead of relying on a verbal agreement:

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Estate Planning for your fur babies 101

Estate Planning for your fur babies 101

As a Golden Retriever Mom, I understand the desire to ensure your pets would be cared for properly if you cross the Rainbow Bridge before they do.  Estate planning will help you accomplish this.  Leaving a letter or talking to your family is not legally binding and opens the door to the possibility that your wishes will be ignored and your pets given away, or worse.

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The End of the Road: Understanding Employment Termination

The End of the Road: Understanding Employment Termination

George Costanza, on an episode of Seinfeld, dramatically quit his job during a meeting. Regretting his impulsive decision, he decides to act like it never happened and simply shows up to work the next day. As was often the case, things went badly for George and he did not get his job back.

Employment disputes can be very tricky to deal with because our work is a fundamental part of our identity. Not to mention that jobs are how we put food on the table and a roof over our head. To make matters worse, there are plenty of myths, out of context advice, and some just plain wrong information floating around out there.

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To Incorporate or Not to Incorporate, That Is the Question.

To Incorporate or Not to Incorporate, That Is the Question.

Whether it is time to incorporate is a question often pondered by business people. There are two primary reasons to incorporate a business:

1.       Your business can realize tax savings through utilizing a corporate structure; and

2.       Your business activities are risky and you would like to place this risk on the corporation’s shoulders instead of your own.

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Can a name be offensive? Ask the Grabher family

Can a name be offensive? Ask the Grabher family

Lorne Grabher was back in the news this week after police told him to remove an out-of-province license plate bearing his controversial last name. Nova Scotia law requires valid plates mounted on the back of a vehicle only; the plate in question was an expired Alberta plate mounted on his front bumper.

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Having Problems Collecting From Clients?

Having Problems Collecting From Clients?

One of the biggest challenges for small business owners is managing cash flow. Running a business is expensive, and while none of your creditors want to wait to be paid, sometimes collecting from your customers can be a real challenge. So what can a business owner do when they are having a problem collecting the money owed by their clients?

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A New Year's Resolution for your Business

A New Year's Resolution for your Business

Every January there are an infinite number of blog posts on how to make or stick to your personal New Years Resolutions.  But what if your business could write its own resolutions for 2017, what would they be?  I don’t think many businesses would be begging for more of your time – entrepreneurs are notorious for devoting all of their time to the business.  But is that precious time used effectively? 

As a litigator, I meet far too many small business owners who were so busy trying to move their business forward that they didn’t notice they never made time to stop and protect the business they were working so hard to build – until it was too late.  The potential points of failure for a small business are unfortunately many.  Leases, employees, personal situations, intellectual property, product malfunction, and weak (or absent) contracts to name a few.

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What You Wish You Knew Before Letting the Customer Keep YOUR money.

What You Wish You Knew Before Letting the Customer Keep YOUR money.

Why do you allow customers to keep your hard earned money?  CBC News recently reported ‘Industry estimates put the cost of unpaid wages and materials for the construction trades at $300 million a year in Canada’.  I quote this statistic because a common answer is the contractor is essentially embarrassed that they aren’t getting paid.  In my experience, it isn’t typically the contractor who’s at fault – the customer has ‘invented’ reasons why they won’t pay.  So, what can you do about it?

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