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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100424
Experience:  Lawyer
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I have lost a contract workers and exploration camp

Customer Question

I have lost a contract for field workers and exploration camp because the local first nations has deemed the area off limits for development. The client had current claims and a approved notice of work from the province. The contract was worth 250-300,000.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
What is your question, please? For example are you asking about suing for breach of contract?
Customer: replied 2 years ago.
The Tahltan Central Council issued the client letters stopping all work in the Shesley area of BC the second week of May. We were going to start mineral exploration on June 2nd, my portion of the contract was 3 employees for 3 months, plus camp equipment the client met with the Council and is no longer doing the work. So I have lost billable of 3X400/day for 90 days plus expediting, camp and equipment rental additional personnel on a as needed bases etc. The primary contractor has lost his income as well he is a geoscience professional that was to lead the project.This is not really a breach of contract since they were forced out due to First Nations land claim issues so do I go after the First Nations or the Province of BC.
Expert:  Debra replied 2 years ago.
This is a very complex situation and unfortunately it may be that there is no one to go after. You cannot go after your client as the contract has been frustrated to no fault of their own. And while you've lost this job because of the First Nations decision you don't have a contract with them nor do they owe you a duty of care so there isn't really any cause of action in terms of suing them or the government. I would say you may be out of luck unless your client was negligent in some way and lost the right to develop because of their own actions.But you should see a local lawyer face to face to confirm my information.

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