Bar Admission

  • 2010 Admitted to the British Columbia Bar

Scott Harcus, Partner, is the leader of the firm’s Environmental Practice and a member of the Construction + Engineering and Insurance Practice Groups. Scott’s practice is focused on dispute resolution which includes mediations, arbitration, regulatory hearings and trials.

Scott represents a major Canadian oil company in matters involving contaminated sites. Scott also assists clients in the insurance and construction industries with drafting contracts, policy wording, and warranties.

Scott prides himself on representing clients both large and small. His construction practice includes representing homeowners struggling with cost overruns on residential projects to assisting global construction companies working on major infrastructure projects. Scott has extensive experience dealing with standard form construction contracts including documents prepared by the Canadian Construction Documents Committee (CCDC) and Canadian Construction Association (CCA).

Scott also acts as coverage counsel, providing coverage advice on environmental, homeowners, commercial general liability, wrap-up, and boiler & machinery insurance policies.

Scott regularly contributes articles to industry publications and speaks to clients on emerging legal issues in his areas of practice. This work includes contributing to the Continuing Legal Education Society of British Columbia’s BC Builders Lien Practice Manual.

Scott is committed to vigorously advocating for his clients’ interests and tailoring his legal advice to meet the specific business objectives of his clients.

Scott is Fellow of the Construction Lawyers Society of America.


On A Personal Note...

In his spare time, Scott enjoys golfing, squash, downhill skiing and running the seawall.

Representative Experience

Construction + Engineering

  • Representing contractors, material suppliers, engineers, architects, owners, developers, insurance companies, and warranty providers in litigation involving builder’s lien claims, breach of trust claims, deficiency claims, delay claims, and breach of contract and negligence claims.
  • Drafting contracts and providing advice with respect to contracts for owners, engineers, contractors, and material suppliers on construction projects.


  • Defending insureds in complex civil litigation matters including property damage claims. Scott has extensive experience representing liquor serving establishments in commercial host liability claims and defending occupiers liability claims.
  • Acting as coverage counsel providing coverage advice to insurance companies and defending coverage actions on behalf of insurers. Scott has extensive experience providing opinions on commercial general liability insurance, wrap-up insurance, builders risk policies, and environmental insurance.


  • Handling claims commenced pursuant to the Environmental Management Act with respect to contaminated sites.
  • Acting as counsel before the Environmental Appeal Board relating to various regulatory matters including contaminated sites and permitting issues.
  • Representing a large oil and gas company in matters before the Environmental Appeal Board and Supreme Court of British Columbia.


  • November 16, 2022, “Insurance Trends for 2023”, ARC Group Event, Speaker
  • April 19, 2022, “The New CCDC Terms and Contracting During COVID”, Canadian Bar Association – BC Branch, Speaker
  • December 8, 2021, “Insurance Law and Climate Change“, Canadian Bar Association – BC Branch, Speaker
  • June 2021, “Lien Issues and Insolvency“, CCCL Journal, Co-Author
  • October 28, 2020, “Builders’ Liens Update 2020“, CLEBC, Speaker
  • November 8, 2018, “Extras! Extras! Learn All About Them!”, AHBL Lunch n’ Learn Seminar, Speaker
  • May 2017, “Small Mistakes, Big Consequences”, Construction Business magazine, Author
  • January 2017, “Regulatory Update: Carbon Tax, Contaminated Site Regulations and Spill Response”, EMA of BC, Speaker
  • November 2016, “Limits of relief from forfeiture: Court of Appeal for BC denies insured pre-tender defence costs”, Insurance People magazine, Co-author
  • October 2016, “Insolvencies in the Construction Industry”, Insolvency Discussion Group, Speaker
  • June 2015, “Living Vicariously”, Canadian Underwriter magazine, Co-author
  • January 2015, Environmental Managers Association of B.C. Annual Legal and Regulatory Update session, Speaker
  • October 2013, “Host Liability’s Legacy – Raising a Glass to the 40th Anniversary of Commercial Host Liability”, Claims Canada magazine, Co-author
  • August 2013, “Disclosure in multi-party litigation”Construction Business magazine, Co-author
  • Law and Tenant Relations, Vancouver Community College, Instructor
  • Professional Legal Training Course, Collections, Law Society of BC, Guest Lecturer


B.C. Court denies attempt to circumvent Builders Lien Act – Constructive trusts, a bridge too far in construction debt disputes

Mining Inspector Not Required to Consider Climate Change in Granting Permit for Rock Quarry

BC Court of Appeal: Inconsequential defect in builders lien form does not invalidate claim of lien

Sanctity of contracts trumps court’s sympathy for delay in bringing claim: Thom v. Laird Custom Homes Ltd.

Setting sufficient security: Builders lien case note

The right to build: A Prima Facie Right

Case comment: RodRozen Designs Inc. v. 0977198 B.C. Ltd., 2016 BCSC 834

Landlord avoids voiding of homeowners policy, but is denied replacement cost value:

Defamation Awards attract Court Ordered Interest

Disclosure in multi-party litigation

Libel Tourism: Courting Foreign Litigants

William v. Kelowna (City), 2012 BCSC 421