2018 Awards of Excellence Annual Vrca Awards Recognize Outstanding Construction Industry Achievements in B.C

VRCA news feature October 9–15, 2018 vRca.ca

2018 Awards of excellence annual vRCa awards recognize outstanding construction industry achievements in B.C. | Pages b3–B5

Vancou ver Regional Construction Association

cno structive comment B6 VRCA Awards of Excellence ‘Here for Good’ legacy funds it Collaboration crucial in solving mark 30th anniversary B2 building the future B7 construction industry challenges Silver Awards pay tribute 250,000 construction voices to top B.C. builders B3–B5 must be heard B8 legal specs B8 Confidence in Canada key to Clear and precise language a must in pay-when-paid clauses construction industry growth B7 FIND october 9–15, 2018 special news feature | Vancouver regional construction Association B2 news KUDOS: VRCA Awards of Excellence mark 30th anniversary October gala will celebrate three decades of continuity and change in local construction industry

By Peter Caulfield recognizing the last 30 years of the awards and the people who he Vancouver Regional have been part of the event, such Construction Associa- as Joe Burnett, who was the first Ttion’s Awards of Excel- chairman of the awards commit- lence is celebrating its 30th tee, and Bob Proctor, who is this anniversary in 2018. year’s co-chairman. This year, 49 Silver Award The 2018 Awards of Excellence winners were selected in 15 pro- judges are, in alphabetical order: ject categories (see story on pages Peter Bazilewich, Amanda Caver- B3–B5). After having been feted ly , Tony Everett (co-chairman), at a reception at MNP Tower Mel Flathen, Dolphe Hoffman, in Vancouver on September 27, Steve McConnell, Bob Proctor the Silver Award winners will (co-chairman), Rick Stockstad be honoured at the Awards of and Bob Tomyk. Excellence gala on October 23 at “This year, we received a record- Vancouver Convention Centre setting 205 nominations with a West. total construction value of more At the gala, one Silver Award than $2 billion,” said co-chairman winner from each project cat- Everett. “As judges, we were im- egory will be announced as the pressed by how companies over- Gold Award winner in their re- came a range of challenges, from T ony Everett gives his chairman’s speech at the 2017 VRCA Awards of Excellence | Joern Rohde/VRCA spective categories. engineering and design firsts Fiona Famulak, president of the to building in difficult weather Vancouver Regional Construc- conditions.” Interviews consist of a Power- drawing many new and younger award,” he said. “In the early tion Association (VRCA) – the Everett has deep roots in the Point presentation, oftentimes men and women to our indus- 1990s, we began to give awards host organization of the awards Awards of Excellence. supported by a site visit, he said, try,” he said. to the trades. That was followed – said the VRCA team and vol- “While working for VRCA adding that the judges make their by awards to mechanical and unteer judges are responsible for member company Steels Indus- decisions based on how the pro- 30-year evolution electrical contractors, and then delivering all logistics associ- trial Products [now part of Brock ject, including its presentation, Brian Martin, a former editor manufacturers and suppliers.” ated with the event, from calling White Construction Materials], fared against specific judging of the Journal of Commerce, a Hoffman said he has seen many for nominations to judging and I worked on various associa- criteria. western Canadian construc- changes in the local construction hosting the gala celebration. tion committees for 40 years Over the years the projects that tion newspaper, was present at industry in the past 30 years: dif- The VRCA includes 740 mem- and eventually became [board] are submitted to the Awards of the creation of the Awards of ferent types of concrete, more ber companies. From the mem- chairman in the early 1990s,” he Excellence judging committee Excellence. emphasis on safety, new build- bership, event organizers expect said. “The awards program kept have featured the latest technical “I was one of the people who ing materials and techniques, approximately 650 individuals me in touch with all of our mem- and environmental innovations, founded the awards on behalf of and more emphasis on energy to attend the Awards of Excel- bers with whom I had developed such as geothermal heat source the Journal of Commerce,” said efficiency. lence gala. close business and personal rela- and super-efficient mechanical Martin. “Initially there was one “Despite the many changes, the “Our industry builds complex, tionships over the years.” and electrical systems. award for a general contractor, basic criteria for submissions to state-of-the-art structures,” Everett has been co-chairman “Many of the larger compan- and in subsequent years it grew the awards committee haven’t said Famulak. “Its ingenuity and of the Awards of Excellence ies have their own in-house from there.” changed that much, except for achievements notwithstanding,” Committee for the past 10 years. innovation teams that create He recalled that the first winner the addition of environmental the sector as a whole is “down-to- Every year the committee visits challenging architectural and was Dominion Construction for criteria,” he said. earth” and not given to splashy many of the project sites that engineering parameters that re- the MacDonald Dettwiler build- The Journal of Commerce, which self-promotion – so VRCA makes members want to showcase to sult in the very best in sustain- ing in Richmond. under then-editor Brian Martin a point of giving the industry’s the industry, he said. Project able construction techniques,” “The program began because was one of the prime movers of achievements the public recogni- teams are interviewed in June said Everett. “A lot of the projects [then president] Allan Bennett, the original Awards of Excel- tion they deserve, she said. and July. offer innovative value-engineer- who was chairman of the [Amal- lence, continues to play an im- Famulak said she continues to Everett has fond memories of ing features that result in better gamated Construction Associa- portant part in the event. be impressed by the scale and the continuing personal rela- value and shorter completion tion, now the VRCA] at the time, “The awards celebrate the best complexity of the projects that tionships he’s formed with his times.” was of the opinion that architects of the best, and it is right that VRCA’s members tackle every fellow Awards of Excellence Everett said the future will received a great deal of publicity the winning companies are rec- day. volunteers. bring even more exciting changes for new buildings, but the con- ognized by the construction in- “Not only did we see a record “Over the years my fellow judg- to the construction industry and tractors who actually built them dustry and by the wider Lower number of entries this year, but es and I have visited and learned the Awards of Excellence. received very little mention,” said Mainland business community,” we saw examples of our indus- about a variety of innovative “The goal in the next 30 years Martin. “He asked the Journal of said today’s Journal editor, Vince try stepping up to face new and projects, such as BC Place, the will be to make our cities more Commerce to sponsor the awards Versace. unique challenges,” she said. Vancouver Convention Centre attractive and livable. We all program. I was chairman of the Versace also has deep roots in “Many of this year’s winners and the Alex Fraser Bridge. want ... to raise our families in awards committee for 25 years.” the construction industry. In are leading the way in reducing “It gives me great pride to see a clean environment with close, Another member of the awards his younger days he worked as the environmental impact of that our efforts culminate in our efficient proximity to where we committee, Dolphe Hoffman, has a general labourer at construc- projects through use of new awards ceremony held every year work.” been a major part of the event tion sites on which his father, materials and technologies that and to see it grow and improve in For the moment, Everett is since the beginning. Rocco Versace, plied his trade as both enhance the quality of pro- substance and acceptance.” happy to be part of a construction “I was an assistant to Allan a master carpenter. jects and drive value to owners.” The quality of the submissions industry that provides jobs with Bennett, who at the time was “The awards make an import- Famulak said part of this has improved greatly over the excellent career opportunities. president of the Amalgamated ant contribution to the local year’s gala will be devoted to years, Everett said. “I’m happy to see that we are Construction Association, now construction industry,” said the VRCA,” said Hoffman. “I was Versace. “There is so much asked to develop the submission good construction in the Lower criteria for the first awards, and Mainland, especially in the ICI Tonytt Evere , Co-chairman, VRCA Awards of Excellence I’ve been on the awards judging [industrial, commercial and in- committee ever since.” stitutional] sector, that doesn’t T he goal in the next 30 years will be to make our cities more attractive and Hoffman said the awards have get the attention it deserves. But evolved during the time he has the industry knows what it takes livable. We all want ... to raise our families in a clean environment with close, been involved with the event. to build them, and it celebrates efficient proximity to where we work “In the beginning there was its successes and learns from only a general contractors them.” • special news feature | Vancouver regional construction Association october 9–15, 2018 news B3 K lUdos: Si ver Awards pay tribute to top B.C. builders

Gold Awards to be announced October 23

By Brigitte Petersen tenant improvements to office and retail spaces, and residential he Vancouver Regional and mixed-used towers. Construction Associa- “Many of this year’s winners T tion had a record number are leading the way in reducing of submissions for this year’s the environmental impact of pro- Awards of Excellence, receiv- jects through use of new materi- ing 205 nominations with a total als and technologies that both construction value of more than enhance the quality of projects $2 billion. and drive value to owners,” said The annual awards, which cele- Fiona Famulak, president of the brate the industry’s top projects Vancouver Regional Construc- and companies across B.C., mark tion Association (VRCA). their 30th anniversary this year (see story on page B2). General contractors This year, 49 Silver Award win- In the General Contractors over ners, ranging from industrial to $50 Million category, the B.C. commercial and institutional division of EllisDon Corp. won for projects, were selected in 15 pro- its role in the nearly $123 million T he 280,000-square-foot Emily Carr University of Art + Design project earned Silver Awards for ject categories. Criteria included Emily Carr University of Art + the B.C. division of EllisDon in the General Contractors over $50 Million category; for Houle Electric the use of innovative techniques, Design project, a public-private in the Electrical Contractors over $5 Million category; and for Holmes & Brakel in the Manufacturers new materials and/or exceptional partnership. and Suppliers category | E llisDon Corp. project management. Led by EllisDon, the Applied Categories recognized general, Arts Partners consortium fi- trade, mechanical and electrical nanced, designed and built the and includes contemporary Ab- requirements while minimizing largest general contractor cat- contractors and manufacturers 280,000-square-foot univer- original design elements. wall thickness, and horizon- egory for its involvement in the and suppliers who completed a sity. Accommodating more than “Balancing esthetics, function- tal fire shutters at several large $345 million Teck Acute Care project, or part of a project, in the 1,800 students, the new facility, ality and cost, EllisDon and the floor openings to create open-air Centre, as part of the BC Chil- past two years. designed by Vancouver-based team developed unique design spaces while maintaining ne- dren’s and BC Women’s Hospitals Submissions included a new Chernoff Thompson Architects solutions that make this building cessary fire separation between Redevelopment Project Phase 2. hotel and casino, post-secondary and Toronto-based Diamond truly one of a kind,” said project floors. Also winning silvers in this cat- facilities, student residences, Schmitt Architects, features an manager Mallory Zimmerman. Through a joint venture with egory were FRPD-BEL Gateway health-care facilities, a transit energy-reducing passive strat- Innovations included using Balfour Beatty, Vancouver-based Joint Venture for the Fairview station upgrade, hydroelectric egy, providing thermal efficiency specialty steel studs and dry- Ledcor Construction Ltd. also dam upgrades, port expansions, and a 30% window-to-wall ratio, wall adhesive to achieve acoustic received a Silver Award in the Continued on page B4 october 9–15, 2018 special news feature | Vancouver regional construction Association B4 news K lUdos: Si ver Awards pay tribute to top B.C. builders

Continued From page B3 Container Terminal Phase 2 north expansion and ITC Con- struction Group for 3 Civic Plaza. Vancouver-based Smith Bros. & Wilson (B.C.) Ltd. (SBW) won two Silver Awards in the Gen- eral Contractors $15 Million to $50 Million category for its involvement in the Surrey Biofuel Facility and the West Vancou- ver Public Service and Munici- pal Hall building projects. Also winning in this category were: Graham Construction and En- gineering LP for the Metrotown SkyTrain station and exchange upgrade; Graham Infrastruc- ture LP for the Burrard Bridge rehabilitation; and Urban One Construction Management Inc. for the University of British Col- umbia (UBC) Brock Commons Phase 1 student residence. Designed by Dialog, the $28.6 million West Vancouver Pub- lic Service and Municipal Hall building project involved adding a police services building, increasing the size of city hall and constructing a new parking structure. SBW needed to tie into an occupied building, replace the facade and switch over the electrical, sanitary and storm systems W estcoast Cutting & Coring Group won two Silver Awards – in the Trade Contractors over $7 Million (Director’s Trade Award) and the while maintaining operations, Trade Contractors $3 Million to $7 Million (Founder’s Trade Award) categories – for its work on the Ruskin Dam, a 110-metre-long, and build a new parking area. 59-metre-high concrete gravity dam in Mission | W estcoast Cutting & Coring Ltd. SBW worked with key trade subcontractors and consultants to overcome challenges – from the reservoir below held spawning were: Fred Welsh Ltd. for its work constructing a post-disaster salmon, making wildlife protec- on the second phase of the BC building to working in a com- tion critical. Children’s and BC Women’s pressed time frame. The company “Concrete sawing and drilling Hospitals Redevelopment Pro- worked with the structural en- projects of this magnitude do not ject Phase 2; PMB Joint Venture gineer and formwork systems to come up very often across Can- for Parq Vancouver; and Sentrax design a flat-slab Skydeck form- ada, so this one was a real feather Mechanical for 3 Civic Plaza. ing system to save time. in our cap,” said WCC partner Taking home Silver Awards in “With the help of the entire Dario Babic. “The demolition the Mechanical Contractors $3 team, we managed to prioritize scope of work was behind sched- Million to $9 Million category tender packages and fast-track ule when we took over, and when were: Division 15 Mechanical Ltd. the project to meet the firm dead- we left, the project was ahead of for the West Vancouver Pub- line of the West Vancouver po- schedule and under budget.” lic Service and Municipal Hall lice to move into the facility on Winning in the Trade Con- building; Sentrax Mechanical for time,” said project manager Gary tractors $3 Million to $7 Million Ellsworth; and Trotter & Morton Cheema. (Founder’s Trade Award) category Building Technologies Inc. for Silver Award winners in the were: Glastech Glazing Contract- Phase 1 of the UBC Brock Com- General Contractors under $15 ors Ltd. for Parq Vancouver; Phoe- mons student residence. Million category were: Jacob Bros. nix Glass Inc. for its work at 1245 Winners in the Mechanical Construction Ltd. for the Jacob Vancouver-based Smith Bros. & Wilson added a police services Harwood; and WCC again for the Contractors up to $3 Million cat- Bros. Construction office and building, increased the size of city hall and constructed a new Ruskin Dam upgrade. egory were: Black & McDonald for maintenance facility; Peter Kie- parking structure for the West Vancouver Public Service and Taking home awards in the the Metrotown SkyTrain station wit Sons ULC for the Powell Spill- Municipal Hall building project to win a Silver Award in the Trade Contractors $1 Million and exchange upgrade; Gisborne gate rehabilitation installation; General Contractors $15 Million to $50 Million category. The to $3 Million (President’s Trade Industrial Construction Ltd. for and Vancouver Pile Driving Ltd. project also earned Division 15 Mechanical a Silver Award in the Award) category were: Columbia the BC Hydro Wahleach Power- for the Viterra Pacific Terminal Mechanical Contractors $3 Million to $9 Million category | Sm ith Glazing Systems Inc. for Five Ten house fire protection system; and ship-loading system upgrade. Bros. & Wilson (B.C.) Ltd. Seymour; Keith Panel Systems for PMB Joint Venture again for Parq the Polygon Gallery; and Rufus Vancouver. Tenant improvement Enterprises Ltd. for its work at Winning in the General Con- Ebenisterie Beaubois for Parq North America. Bass Pro Shops Outdoor World. Electrical contractors tractors Tenant Improvement Vancouver; Starline Windows for Located in Mission, the Winners in the Trade Contract- Burnaby-based Houle Electric Ltd. category were: Turner Construc- 3 Civic Plaza; and Westcoast Cut- structure is a 110-metre-long, ors up to $1 Million (Chairman’s won four Silver Awards in three tion Co. for its work at Metro ting & Coring Group Ltd. (WCC) 59-metre-high concrete gravity Trade Award) category were: award categories. In the Electrical Vancouver headquarters; ETRO for the Ruskin Dam and Power- dam. The work involved diamond CentiMark Ltd. for its work at Bass Contractors over $5 Million cat- Construction Ltd. for Parq Van- house upgrade. saw cutting and removal of exist- Pro Shops Outdoor World; Hori- egory, Houle won two awards: couver; ICE Development Ltd. for The $14 million Ruskin Dam ing piers, bridge deck and a sec- zon Landscape Contractors Inc. one for its work on the Emily Carr the BC Liquor Store at Park Royal; project – for which WCC won tion of the spillway. Deep-hole for the South Surrey Operations University of Art + Design pro- and Ledcor for the Bass Pro Shops two Silver Awards – was one of drilling was needed to install seis- Yard; and Seagate Structures ject and one for Parq Vancouver. Outdoor World in Tsawwassen. the largest concrete sawing and mic anchoring and a spillway sur- Ltd. for the UBC Brock Commons Houle also won Silver Awards drilling contracts in Canada. For face. Much of the work was done Phase 1 student residence. in the Electrical Contractors $2 Trade contractors its work, the Concrete Sawing & on a 60-degree sloped spillway Million to $5 Million category for Silver winners in the Trade Con- Drilling Association awarded the with limited access. A one-inch Mechanical contractors the Fairview Container Terminal tractors over $7 Million (Direc- New Westminster-based com- tolerance for formwork required Winning in the Mechanical Con- Phase 2 north expansion, and in tor’s Trade Award) category were: pany the 2018 Top Job Award in precise concrete saw cutting, and tractors over $9 Million category the Electrical Contractors up to $2 special news feature | Vancouver regional construction Association october 9–15, 2018 news B5

D owntown Vancouver’s new Parq Vancouver development earned contractors a W estern Pacific Enterprises won a Silver Award in the Electrical Contractors total of six Silver Awards in various categories | H oule Electric Ltd. $2 Million to $5 Million category for its work on Victoria’s Johnson Street bridge | W estern Pacific Enterprises Ltd.

Million slot for the Victoria Inter- installation material and equip- Recognizing the best Categories include: Lifetime “During judging, we encounter national Airport hold-baggage ment, electrical works, traf- Winners will be honoured at the Achievement; Education Leader- special individuals and companies screening recapitalization project. fic control signals and roadway Awards of Excellence gala on Oc- ship; Outstanding Woman in that contribute to our success in For its nearly $56 million Parq lighting. The project involved tober 23 at Vancouver Conven- Construction; Innovation and parallel ways. They are below the Vancouver project, Houle was installing a new, 46-metre-long, tion Centre West, where one from Productivity; Safety; VRCA Mem- radar, and often, in addition to tasked with the base-building single-leaf bascule bridge – the each category will receive a Gold ber of the Year; U40 Excellence in being involved in the major pro- electrical work. The 1.2-million- largest in Canada – across the Award. Construction; and Construction jects, many of the companies and square-foot resort and casino narrows of Victoria’s inner har- The VRCA will also present Out- Workplace Health and Safety. One individuals provide leadership and project consisted of four levels of bour. Western Pacific carried out standing Achievement Awards individual who has made signifi- innovations that transfer to our underground parking, two luxury extensive prefab efforts and de- to companies and individuals cant contributions to the indus- overall excellence,” said Tony Ev- resort hotels, ground-floor re- vised access solutions to perform demonstrating commitmentBIV_Quarter-page-2018.pdf to try and the1 2018-07-05association 11:08 will alsoAM erett , co-chair of VRCA’s Awards tail, a 72,000-square-foot casino, installations while ensuring the the industry and community. receive a VRCA life membership. of Excellence committee. • conference centre, fitness centre, crew’s safety. spa, five restaurants and three “The project’s dynamic sched- bars with exterior space. ule, coupled with the logistical With the large project located challenges of working over the in downtown Vancouver, ma- water, meant that our team al- terial handling was the biggest ways had to be thinking two steps When Every Detail challenge. ahead,” said Tom Butterfield, “Houle successfully imple- Western Pacific’s commercial and mented various lean-construction industrial division manager. is Critical, Wales McLelland concepts to minimize time wast- Allteck Line Contractors Inc. also ed on site,” said project manager won a Silver Award in the Elec- Reuben James. “By keeping our trical Contractors over $5 Million electricians close to their work category for the Shinish-Pennask is the Easy Decision. area and reducing the amount 34.5-kilovolt wind project, while of time they spent ordering ma- Status Electrical Corp. won an terial, they were able to focus Electrical Contractors up to $2 on planning and construction of Million Silver Award for its work the building to meet the intense on the first phase of the Fraser C schedule demands.” Valley Cancer Centre ambula- M Coquitlam-based Western tory care unit and chemotherapy Pacific Enterprises Ltd. also stood expansion. Y out in the electrical contractors CM categories, winning three Sil- Manufacturers and ver Awards for its work on the suppliers MY

Campbell River water treatment Silver winners in the Manufactur- CY building, Victoria’s Johnson Street ers and Suppliers category were: CMY Cowell Auto Group bridge – both in the Electrical Amico Accessories Inc. for its Richmond BC Contractors $2 Million to $5 Mil- work on the BC Children’s and K lion category – and the Deltaport BC Women’s Hospitals Redevel- rail maintenance building in the opment Project Phase 2; Engin- Electrical Contractors up to $2 eered Assemblies for the Langara Million slot. College Science and Technology For the $3.2 million Johnson Building; and Holmes & Brakel for Street bridge project, West- its work at Emily Carr University ern Pacific provided labour, of Art + Design. Design Build General Contracting Construction Management Tom ButTErfield, Commercial and industrial division manager, Western Pacific Enterprises

T he [Johnson Street bridge] project’s dynamic For more information please call us at 604-638-1212 or visit our website at schedule, coupled with the logistical challenges of www.walesmclelland.com working over the water, meant that our team always had to be thinking two steps ahead october 9–15, 2018 special news feature | Vancouver regional construction Association B6 Constructive Comment Collaboration key to solving construction industry’s many challenges Unexpected changes in federal and provincial government policy, regulations and taxation rules are making it increasingly difficult to do business

harder than it does other indus- public policy tool, provided there This, together with the parallel broader business community also tries. However, unlike other sec- is adequate industry engagement discussion at the federal level re- collaborate to represent our re- tors, the construction industry prior to their rollout. This CBA garding whether the government spective members and industry has been dogged for decades by did not include adequate industry should introduce safeguards – at large in the most effective way. the lack of prompt payment for engagement. such as quotas – to limit imports Not possible, you say again. We construction work completed. As a result, we do not support of cheap steel from non-U.S. disagree. VRCA is proud to be Estimates suggest there is ap- the provincial government’s countries will only exacerbate working with a variety of industry proximately $4 billion tied up in CBA because of the way it was the situation, slow construction associations and business organ- unpaid contracts, which puts an negotiated, because it is pre- and facilitate cost escalation. izations that share the common unnecessary financial burden on scriptive and because it will have What’s the solution? We want to desire to cut through decades- our small businesses and prevents far-reaching consequences on see governments at all levels en- old politics to best represent our them from investing in people, our industry. We expect the CBA gage with our industry in a spirit industry. It’s refreshing. Some machinery and innovation. to limit bidding opportunities for of true collaboration. call it progressive! It’s simply the We want to see Therefore, the EHT payments local companies, make it more Not possible, you say. We dis- right thing to do. governments at all will be another expense that a challenging to hire workers and agree. We’re seeing it first-hand B.C.’s economy is a leading contractor must pay while per- drive up the cost of construc- with the City of Vancouver and economy in Canada. Its construc- levels engage with our haps waiting to be paid by the tion. None of these consequences how it partnered with VRCA tion industry is the crown jewel in industry in a spirit of owner or contractor that engaged result in best value for taxpayers’ and other industry stakehold- the national construction land- them. Without adequate cash dollars. ers to establish the Zero Emis- scape. Both unionized and open- true collaboration flow, even the busiest company At the time of writing, we are sions Building Exchange to help shop companies have contributed can flounder financially. hearing that a number of muni- industry be ready to meet the to our industry’s success. The construction industry is cipalities are creating their own city’s mandate of zero-emissions Through its advocacy efforts, also racing to understand and community benefits policies. In buildings by 2025. The city could VRCA is committed to working adapt to the demands from fact, by the time this edition of have dictated to industry how to with its members and partners BY Fiona Famulak various levels of government Construction in Vancouver hits approach the challenge; instead, to ensure our industry holds its interested in advancing social the streets, it’s likely we will it engaged us and is working with ground.• ritish Columbia’s con- objectives through a commun- have seen and commented on the us to understand industry’s needs struction industry is busy ity benefits agreement that is policy developed by the City of and to collect feedback that will Fiona Famulak is president of the B– very busy – and yet it is attached to a project at the ten- Vancouver. ultimately help shape the city’s Vancouver Regional Construction becoming increasingly difficult dering stage. Lastly, our members’ busi- policies. Association, B.C.’s largest and most for companies to do business in The Government of Canada was nesses are also affected by the Moreover, in view of the ex- inclusive regional construction association this province. At first blush, the the first level of government to Canadian tariffs on steel and tent and fast pace of changes to representing professionals who service the statement may not add up. How introduce a formal commun- aluminum imported from the government policy, regulations industrial, commercial and institutional can a company be busy and also ity employment benefits policy U.S., which are driving up the and taxation, it is imperative that construction industry. She can be reached struggle to do business? in June when it released its up- cost of construction. our industry associations and the at [email protected]. Our industry comprises dated Investing in Canada plan. 23,569 companies, employs over Under this plan, recipients of fed- 250,000 men and women and eral funding for new major pub- contributes 9% to the provincial lic infrastructure projects will gross domestic product. B.C. has now be asked to pursue targeted approximately $325 billion in pro- efforts to contribute to the em- Is your employee benefits posed construction projects on its ployment, economic and social books, and our industry delivers benefits of a community. roughly $15 billion in completed This is problematic. The Van- plan as flexible as you are? projects each year. couver Regional Construction With approximately one million Association (VRCA) – along newcomers expected to arrive in with its provincial and national Metro Vancouver by 2041, and a partners – is opposed to using Ommm… we offer plan flexibility along with great legislated mandate to build resi- the procurement of construction dential and commercial build- services to advance unrelated service and experts every step of the way so that you can ings to zero-emissions building community benefits and other get on with your business (or your yoga class). Give us a standards by 2025 in Vancouver public policy objectives where and by 2032 across B.C., there they jeopardize the integrity of call for a benefits plan that works for you. are few signs that demand for the competitive bid system and construction services will slow result in an unpredictable, unfair in the near future. and opaque procurement process. Built for the construction industry. Yet, while the industry is fo- If the government wants com- cused on building faster, greener munity benefits in its projects, and more productively than ever, then we believe these need to the extent and pace of unexpect- be clearly laid out in the tender ed changes in both federal and documents, and each contractor provincial government policy, should have equal opportunity to regulations and taxation rules are price the work required. making it increasingly difficult In July, Premier John Horgan to do business. Let me provide announced a similar set of cri- context in a number of examples. teria for infrastructure projects The B.C. government an- in B.C. using the province’s own nounced the employer health community benefits agreement tax (EHT) last February when (CBA). In addition to its goal of it unveiled its new budget. This increasing apprenticeships and payroll tax will shift the re- creating jobs for women and sponsibility for paying Medical other under-represented groups, Services Plan premiums from B.C.’s CBA prescribes that all em- the employee to the employer, ployees working on the project and will increase the cost of do- join affiliated unions. [email protected] ing business for many of our VRCA represents both union www.bccabenefits.ca members. and non-union companies. We 1 800 665 1077 Granted, the EHT doesn’t hit also believe community bene- 604 683 7353 the construction industry any fits agreements can be a useful special news feature | Vancouver regional construction Association october 9–15, 2018 advocacy B7 Confidence in Canada key to construction industry growth CCA efforts support steel and aluminum tariff mitigation, community benefits and prompt-payment legislation

BY Mary Van Buren “Community benefits” need legislation that may add fur- for securing a consultative pro- to be aligned with industry ther regulatory requirements cess to lead to consensus on ver the past year, the Can- best practices to access federal infrastructure federal payment legislation. On adian Construction Asso- As part of the Investing in Can- funding, reduce productivity and August 2, 2018, the government Ociation (CCA) has become ada plan, recipients of federal increase uncertainty. Ultimately, shared the results of that review. increasingly vocal about the fed- funding for new major public this may have a negative effect The Singleton Reynolds report is eral government’s need to cre- infrastructure projects will now on the government’s agenda to posted on cca-acc.com. On bal- ate and maintain an attractive, be asked to pursue targeted ef- invest in infrastructure, because ance, the CCA supported much consistent and fair investment forts to contribute to the em- the industry does not have suf- of the report and provided com- climate. ployment, economic and social ficient workforce in the targeted mentary back to Singleton Rey- benefits of the community. groups, leading to more delays. nolds for consideration prior to Pushing for steel and There are two aspects to com- You can help by using the hash- the drafting of legislation. The aluminum tariff mitigation munity benefits: (1) the re- tag #CDNConstructionGives CCA is urging the government We are concerned and an end to the trade war quirement on who and/or what when tweeting about causes you to work with provincial counter- about any legislation The United States’ decision to percentage of workers must be support. Together, we will show parts to align federal and provin- unfairly impose tariffs on Can- hired from government-deter- the government the generosity cial legislation for ease of doing that may add ada for the import of steel and mined segments; and (2) the of the industry and get you the business. further regulatory aluminum will hurt the con- requirement on additional de- credit you deserve. struction industry, its work- liverables, say, a park, that are Let’s stay in contact requirements to access ers and fundamentally all outside the scope of the project Community benefits The CCA is advancing over 15 federal infrastructure Canadians by raising prices and may not even be defined. approach and productivity advocacy files at any one time. for consumers and reducing The CCA’s primary concern at the centre of CCA’s pre- From cannabis in the workplace funding, reduce competitiveness. with bill C-344 – An Act to budget submission to quality of asphalt and fighting productivity and The CCA has made two separ- Amend the Department of Public The CCA’s written submission in- against reprisal clauses, we are ate submissions to encourage the Works and Government Services cluded six recommendations. The working for you. Please email increase uncertainty government to successfully con- Act (Community Benefit) – and first three relate to accelerating me at mvanburen@cca-acc. clude the trade negotiations as the framework is that these may community benefits by remov- com if you have any feedback or well as to seek mitigation includ- lead to an unpredictable, unfair ing barriers, while the last three comments on how the CCA can ing accelerating depreciation, and opaque procurement process. aim to encourage productivity serve you better. I hope to see investing in a construction R&D We have seen this very situa- through innovation funding and you at our 2019 conference in fund and establishing a mechan- tion recently in B.C. and worked tax reform. The CCA’s submis- balmy Bermuda! Visit the CCA ism to protect contractors against closely with the British Columbia sion is posted on cca-acc.com. website for more information price fluctuations due to steel and Construction Association and and bit.ly/ccasubscribe to receive aluminum tariffs for all federal Vancouver Regional Construction CCA is facilitating industry updates. • Public Services and Procurement Association to share and align our views on federal prompt- Canada and infrastructure pro- advocacy efforts. payment legislation Mary Van Buren is president of the Can gram contracts. We are concerned about any The CCA successfully advocated adian Construction Association. PHILANTHROPY: ‘Here for Good’ legacy funds building the future M ott Electric GP gives back to construction industry, community

BY the Construction McBride, a recent bursary re- From corporate-sponsored industry members who are “Here Foundation of BC cipient. “It shows me that there community gardens to unique for Good.” is opportunity and acceptance back-to-work programs, con- If you would like to nominate hen we stand together for women in the trade and that struction industry members an individual or company that is in support of the com- there are organizations out there are giving back on big levels. As “Here for Good,” please contact Wmunities in which who are supporting you and British Columbia’s construc- the Construction Foundation of we live and work, great things backing you.” tion charity, the Construction BC at pr@constructionfounda- happen. Members of the con- Looking ahead, the Mott Elec- Foundation of BC is recognizing tion.ca. • struction industry across Brit- tric GP Legacy Fund, a donor- ish Columbia are demonstrating advised fund administered by their commitment to the people the Construction Foundation of the province, and one elec- of BC, will provide support and WE SHARE OUR EXPERIENCE. trical trade contracting organiza- funding to issues related to de- WE DELIVER DYNAMIC SOLUTIONS. tion is taking its commitment one veloping the next generation of WE BUILD STRONG RELATIONSHIPS. step further. skilled workers across British “I believe in supporting the Columbia. community through the eyes of R iley McBride (left), recent “As a company that has been our employees,” said Dan Mott, recipient of a Mott Electric around for 88 years, there is president of Mott Electric GP. GP Women in Electrical nothing more important than “Our conscience lives in our em- Training bursary, with giving back to the industry and ployees, and helping them and Ellisha Mott, manager of community that has enabled us the causes they believe in drives Mott Electric’s fibre optic to build a vibrant business in the us to do better and be better – as division | S ubmitted Lower Mainland,” said Ellisha individuals, as an organization Mott, manager of Mott Electric’s and as a community.” fibre optic division. “We wanted Mott Electric is known for to develop a mechanism that will its philanthropic efforts in the and its recently launched Women allow us to continue to give back Lower Mainland. Its employee- in Electrical Training Fund has long into the future and believe driven day of giving has raised already awarded two bursaries. that this legacy fund is a good National Soccer Development Centre at UBC syncraconstruction.com more than $1 million in support “To get a scholarship like this way for us to accomplish this Photographer: Walter Payne of employee-picked charities, means a lot to me,” said Riley mission.” october 9–15, 2018 special news feature | Vancouver regional construction Association B8 LEgal specs ‘Clear and precise’ language a must in pay-when-paid clauses Courts have been hesitant to penalize trade contractors by enforcing this type of clause

BY Norm Streu and enforcing this type of clause. clause was not a pay-when-paid payment was conditional on the Christopher Hirst The most recent decision to look clause. The court stated that owner paying Seko Construction, at this issue is from the Yukon, to be a condition precedent the it ordered that the outstand- hen an owner refuses where the Yukon Supreme Court, wording would require much ing contract balance should be to pay its prime con- in Cardinal Contracting Ltd. v. clearer language than the “ob- paid to Cardinal regardless of Wtractor, does the prime Seko Construction (Vancouver) scure” language of the contract whether the owner had paid Seko contractor in turn still have to Ltd., considered the following used in the case before it. Construction. pay its trade contractor? Many clause that the general contract- Counsel for Seko Construction, The Yukon decision follows the prime contractors anticipate this or, Seko Construction, argued on the other hand, relied on the more recent trend in the case law risk and attempt to shift it to the was a pay-when-paid clause: Ontario Court of Appeal in Tim- on this issue, which suggests that trade contractor with contracts “Payments shall be made bro Developments Ltd. v. Grims- only the most explicit and clearly that incorporate pay-when-paid monthly on progress estimates by Diesel Motors Inc. (which the drafted pay-when-paid clauses clauses, clauses that provide the as approved by the Contractor Nova Scotia Court of Appeal had will be enforced by the courts. trade contractor will be paid only covering 90% of the value of the declined to follow), where the If you are a trade contractor, if and when the prime contractor Work completed by the Subcon- Ontario court found on the basis you should look closely at the is paid. What do courts think of tractor to the end of the previ- of the following wording that the payment clauses in proposed these clauses? ous month: such payments to be payment clause at issue was a contracts to determine whether The issue with true pay-when- made 7 days after the Contractor pay-when-paid clause: the general contractor is at- paid clauses is that they are ef- receives payment for such Work “When used for sub-contract tempting to shift the risk of fectively a condition precedent in from the Owner.” work the following terms will non-payment onto you and, if so, a contract. Conditions precedent Counsel for Cardinal Contract- apply: Payments will be made not whether you are prepared to take are not in themselves unusual ing , the trade contractor, argued more than thirty (30) days after that risk in the circumstances of Unlike other conditions or unreasonable. For example, a that the above clause simply ad- the submission date or ten (10) that project. general contractor may include a dressed the timing of payments days after certification or when If you are a general contractor precedent that clause that unless appropriate in- during the performance of the we have been paid by the owner, who is using such clauses, you generally depend on surance documentation or bonds contract and relied in argument whichever is the later.” should be aware that their use is the conduct of the are submitted, there is no obliga- on the Nova Scotia Court of Ap- The Yukon court chose to fol- being questioned by the courts, tion to pay. What is unusual, and peal ’s decision in Arnoldin Con- low the Nova Scotia Court of and their enforceability will in trade contractor, pay- arguably unreasonable, about struction & Forms Ltd. v. Alta Appeal and ruled in favour of all likelihood depend on wheth- when-paid clauses a pay-when-paid clause is that Surety Co., where the clause at Cardinal, finding that the words er the contract has explicitly are activated by a unlike other conditions preced- issue read: in the contract before it were transferred this risk to the trade ent that generally depend on the “The balance of the amount of not as “clear and precise” as the contractor. • non-paying owner, conduct of the trade contractor, the requisition as approved by clause before the Ontario court a situation trade pay-when-paid clauses are acti- the Contractor shall be due to the in Timbro. It held, therefore, that Norm Streu is president and chief contractors have no vated by a non-paying owner, a Subcontractor on or about one the payment clause was a timing operating officer of the LMS Reinforcing control over situation trade contractors have day after receipt by the Contract- clause rather than a pay-when- Steel Group. Christopher Hirst is a partner no control over. For this rea- or of payment from the owners.” paid clause, and since the court and leader of the construction and son, courts have been hesitant In that case, the Nova Scotia could find no clear wording in engineering group at Alexander Holburn to penalize trade contractors by Court of Appeal ruled that the the subcontract before it that the Beaudin + Lang LLP.

250,000 construction voices must be heard Provincial government’s new project labour agreement compromises industry’s productivity

BY Chris Atchison employers need. •We face skilled labour shortages: companies that BC Stats classi- The problem is this: the gov- the 2018 BuildForce Canada es- fies as industrial, commercial and his may be the most critical ernment claims that to achieve timate is 12,000 workers. institutional construction. We time for B.C.’s industrial, these workforce goals, 100% of •We struggle to attract young represent union and open-shop Tcommercial and institu- construction workers on pub- people, who are the least likely employers alike. We seek to ensure tional construction industry in 25 lic projects governed by a CBA demographic to join a union and that B.C.’s construction industry years – and for the non-partisan must join the BC Building Trades are now unionized in our sector is resilient and productive. associations that represent it. (BCBT) union. No exceptions. at a rate 50% lower than in 1981. Our members are concerned that With the July signing of a pro- All employees will work for a new •B.C. is experiencing the low- the CBA undermines the role of ject labour agreement loosely government Crown corporation est unemployment rate in a the employer in our industry, re- disguised as a community bene- (BC Infrastructure Benefits Inc.), generation and the highest job gardless of labour affiliation. We Construction experts fits agreement (CBA), introduced which will have all the legal rights vacancy rate in the country at seek to make sure those concerns as policy without parliament- of an employer, from hiring to 4.2%, making it even harder to are heard but also to find a collab- know that conscripting ary debate or adequate industry discipline. All workers are bound find workers. orative solution that works for all. the workforce into a consultation, B.C.’s coalition by BCBT agreements. •Our government is already chal- At BCCA town halls on this designated union is government is compromising the That’s why we have to raise our lenged to reliably attract enough issue, the vast majority of mem- productivity of the No. 1 employer voices: there is a fundamental compliant bids to public pro- bers polled (96%) said they would not the way to achieve in the province’s goods sector. disconnect between the goal and jects, and there is $6 billion be less likely to bid on government workforce goals or get Premier John Horgan’s stated the means. The CBA amounts to worth of Premier Horgan’s social projects if the CBA is applied. projects built on time goal for the CBA is to provide good conscription of our workforce and housing coming to tender. To add your voice to the discus- and within budget jobs for local workers, support lo- contravenes our right to freedom Construction experts know that sion: (1) take three minutes to send cal businesses, train apprentices of assembly under the Canadian conscripting the workforce into a an automated letter to the pre- and ensure infrastructure projects Charter of Rights and Freedoms. designated union is not the way mier, your MLA and your MP from are on time and on budget. Unions play a role, but it must be to achieve workforce goals or get voices.bccassn.com; and (2) sup- Industry shares these goals. We a choice to join one. projects built on time and within port your regional construction strive to achieve them every work- Speak up now, or what starts budget. Government should be association with a membership as ing day. We hire locally and train with the Pattullo Bridge project an owner of choice, not an owner we advocate on behalf of industry apprentices and require safety will end with hospital and school to avoid. – go to bccassn.com/membership. credentials because it is in our projects in your community. The British Columbia Construc- We’re in this together: 251,707 interest to do so. We operate in a We cannot allow our govern- tion Association (BCCA) and its workers and 24,000 businesses. free-market system where comment to alienate 80% of B.C.’s partner network of regional con- That’s our power: let’s use it. • petitive wages, benefits, training contractors: struction associations collect- and perks are essential to acquire •Construction has one of the low- ively serve more than 10,000 of Chris Atchison is president of the British and retain the skilled workforce est union densities at 19%. the roughly 24,000 construction Columbia Construction Association.