Enforcement Action: Compliance OrderIssue Date: February 21, 2020
Bradshaw Construction (1995) Ltd. (“BCL) and Russell Dale Bradshaw (“Bradshaw”), built or caused to have built a new home in Duncan, BC (the “New Home”), during the period of, or about, May 16, 2018, and November 19, 2018 BCL and Bradshaw are a BC Housing (“BCH”) Licensed Residential Builder (“LRB”)(28128) and obtained a commitment from an approved home warranty insurer on May 16, 2018, to provide home warranty insurance (“HWI”) on the New Home as required by the Homeowner Protection Act (the “Act”) and the Homeowner Protection Act Regulation (the “Regulation”). Construction commenced on the New Home and then the New Home was de-enrolled from HWI coverage by the home warranty insurer on March 21, 2019. This was contrary to section 22(1) of the Act since BCL and Bradshaw were found to have managed all or substantially all of the construction on the New Home. On January 24, 2020, BCH issued Compliance Order 20-0007 to BCL and Bradshaw directing that BCL and Bradshaw:
- register the New Home for coverage by HWI provided by a warranty provider pursuant to section 22(1) of the Act; or
- provide BCH Compliance Department with proof that the New Home is enrolled in a policy of HWI pursuant to section 22 of the Act.
BCL and Bradshaw were ordered to comply with Compliance Order 20-0007 by February 21, 2020.Complied