Resolving residential construction disputes can be a costly and time-consuming process that involves many parties.
Residential construction disputes
BC Housing, with the assistance of the Ministry of Justice’s Dispute Resolution Office, developed the Options for Resolving Residential Construction Disputes guide . This guide includes:
- General information on negotiation, mediation, arbitration and litigation
- Information on the Notice to Mediate (Residential Construction) Regulations (for any party of a residential construction dispute)
- Mandatory mediation of warranty insurance disputes between homeowners and warranty insurance providers
- A list of resources for more information on any of these topics
Notice to Mediate process
We have worked with the Ministry of Justice’s Dispute Resolution Office to develop the Notice to Mediate (Residential Construction) Regulations for disputes.
The regulations permit any party in a residential construction dispute to compel the other parties to a structured mediated session. Mediation is often a more effective, economical and rapid way to solve residential construction disputes when compared with the court system.
This Notice to Mediate process can be used in any Supreme Court action involving a residential construction dispute, no matter when the action was begun. However, delivery of the Notice to Mediate must take place no later than 180 days before the trial date.
Any party in a Supreme Court action involving a residential construction dispute can start mediation by delivering a Notice to Mediate Form to every other party in the action and the Ministry of Justice’s Dispute Resolution Office.
All participants must pay an equal share of mediation costs, unless all parties agree to other arrangements.
Please note that the Notice to Mediate process is performed independently of BC Housing.
For more information, please consult:
- The Options for Resolving Construction Disputes guide
- Notice to Mediate (Residential Construction) Regulations (B.C. Reg. 152/99)
Forms 1 to 5
- Form 1 – Notice to Mediate
- Form 2 – Statement of Facts and Issues
- Form 3 – Mediation Fee Declaration
- Form 4 – Declaration of Default
- Form 5 – Certificate of Completed Mediation
Mandatory mediation of warranty insurance disputes
Under the Act, owners of homes covered by warranty insurance (new homes or applicable building envelope renovations) can compel their warranty providers to a mediation session.
As a homeowner, you do not have to start legal action in order to initiate mandatory mediation with warranty providers.
To find out more information about home warranty insurance and its benefits for homeowners, consult our Home Warranty Insurance in British Columbia : What you need to know to protect your investment .