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The Voice of the West Coast Wall and Ceiling Industry • www.thetrowel.ca • Fall 2019
Publications Mail / Agreement # 40719512
Prompt Payment in Canada
Best VIWCA Project 2019
Bridging the Generation Gap
FLANNERY INC
Flannery is the only manufacturer of aluminum trims with a full line of products for application in each of the following wall systems:
stucco • drywall • fiber cement panelsmillwork panels • composite siding
Now offering Trims for LEDs and Suspended Ceilings
Manufacturer of Specialty Aluminum Trims
t: 818.837.7585 • f: 818-837-1155 • e: [email protected] • www. flannerytrim.com
6 Canadian Prompt Payment and Construction Law Reforms
How recent developments are impacting the Canadian construction and infrastructure sector.
8 Attention to Detail and Intricate Coordination The 1515 Douglas St – 750 Pandora Ave project was a winning combination for Gordon ‘n’ Gordon Interiors Ltd.
10 Bridging the Generation Gap Positive intergenerational work teams depend on co-operation, common ground, and seeing the best in one another.
CONTENTS • FALL 2019
04 editorial
05 drew’s rant
12 around the world
Departments & Columns
The Trowel teamJessica Kirby, Publisher / Editor250.816.3671 • [email protected]
Christina Tranberg, Advertising Sales877.755.2762 ext 1408 • [email protected]
Lara Perraton, Creatives877.755.2762 • [email protected]
contributing writers
Mark Breslin Andrew DelmonicoDeb DraperRoger GillotJason KrankotaTed Lewis Drew SmithRichard Wong
cover photo
Courtesy of Gordon n’ Gordon Interiors Ltd.
Published bi-monthly by
Point One Media, Inc.The Trowel P.O. Box 11, Station A Nanaimo, BC V9R 5K4t: 877.755.2762 • www.thetrowel.ca
While information contained in this publication has been compiled from sources deemed to be reliable, the publisher may not be held liable for omissions or errors.
Contents ©2019 by Point One Media Inc.
All rights reserved. No part of this publication may be reproduced or duplicated without prior written permission from the publisher.
Printed in Canada. Postage paid at Coquitlam, BC.
Return postage guaranteed. Canada Post Canadian Publications Mail Sales Product Agreement #40719512.
Return undeliverable Canadian addresses to: The Trowel Circulation Department
P.O. Box 11, Station A Nanaimo, BC V9R 5K4 e: [email protected]
The Trowel is a registered trademark of the BC Wall & Ceiling Association.
The Trowel is published six times per year expressly for members of the wall and ceiling industry.
Journal of Record for 13 it’s the law
14 contractors’ advice
15 advertiser index
8
The Voice of the West Coast Wall and Ceiling Industry • www.thetrowel.ca • Fall 2019
Prompt Payment in Canada
Best VIWCA Project 2019
Bridging the Generation Gap
4 » The Trowel
Lead the Way
By / Jessica Kirby, Editor
Leadership is the kind of thing we all think we understand
equally. Ask everyone in a room of people to picture what
a strong leader should look and act like, and they will all
formulate images in their minds that reflect their personal
values. Each will assume his or her vision of leadership is
more or less the same as everyone else’s, but really, this is a
more complex term than people imagine.
The truth is, the kind of person we respond to as a leader—
and the kind of person we become when we are in charge—
is deeply personal and idiosyncratic since it is based on our
lived and working experiences. A person who has been yelled
at his or her whole life may be a yeller, too—or the exact
opposite. Someone who has always been praised for being
funny will likely infuse their leadership style with humour,
while someone more introverted may work harder at leading
by example than by verbal communication.
In the evolving future of the construction workplace,
preconceived notions of leadership are extremely important—
important to observe and then discard. Physical and emotional
stereotypes we may hold about what makes a good owner,
foreperson, or project manager aren’t going to ring true as
they may have a decade ago, and individuals we may not be
able to envisage as leaders are going to surprise us, I promise
you.
But all that is speculation—the most important thing to
embrace as a construction leader in today’s climate is
adaptation. It is time to think outside the box and entertain new
methods for leading the pack. That means soliciting feedback
from employees and putting it into action whenever possible.
It means when a worker or an apprentice comes to you and
asks you to consider a new system or way of operating, and
that person has clearly thought this through and done their
homework, say “Yes” whenever possible, even if it just on a
trial basis. Read everything you see and don’t assume anything
is off the table (unless it is completely ridiculous—you will
know the difference; that’s why you’re the boss).
Notice, too, that I said, “entertain new methods for leading
the pack”. That means the practical execution of your goals
and vision can change—but not your values. If worth ethic,
accountability, personal strength, honesty, integrity, and good
old fashioned hard work are what drive your business (and
they should be) then stand by that with all you have. But that
doesn’t mean you can’t try new ways to achieve those things.
Think of it as finding new roads to the same destination, that
destination being profitability, job satisfaction, cohesive and
reliable crews, and general well-being and growth.
Leadership isn’t the same thing for everyone, and we all
have our ways of getting our points across. Born leaders take
charge instinctually and built leaders rise to the top learning
from the wisdom and direction of others. Either way, we all
bring something to the table and sharing it is what makes
business sustainable. Being the kind of leader who opens up
to others’ ideas ensures a diverse, innovative company culture
and it encourages buy-in from employees who understand
their ideas matter. You can’t buy that kind of investment, you
can’t force it, and you certainly can’t fake it.
So, start tomorrow. The industry, in its state of demographic
shift and technological change, is begging for your attention
and for the ideas of those who will bring it into the future. All
you have to do is lead the way. ▪
editor’s COMMENT
When a worker or an apprentice comes to you and asks you to consider a new system
or way of operating, and that person has clearly thought this through and done their homework, say “Yes” whenever possible.
BC Wall & Ceiling Association EventsSeptember 17-19, 2020 - Western Wall & Ceiling Convention,
Victoria, BC
Join delegates from across Western Canada as they gather for workshops, presentations, a table top tradeshow, and plenty of networking opportunities. Save the dates and plan to attend. For more information watch your email and visit www.bcwca.org for updates.
SAVE THE DATE
wallandceiling.ca » Fall 2019 » 5
industry NEWSPARTICIPATION RIBBON? NOPE!Good day, readers. I have been on a hiatus from my column—
my apologies. The industry came calling me back to site,
management, and supervision on top of my obligations to
training our youth as your BC Wall and Ceiling Association
(BCWCA) instructor. I’ve been a little busy, so to speak.
Nothing that’s new to all of you, I’m sure.
In this column I will write truly living up to its title: “Drew’s
Rant”. You have been forewarned. I hope you are sitting
down.
First, some abbreviated historical set up. The BCWCA and
the Finishing Trades Institute (FTI) along with our member
companies and the Industry Training Authority (ITA) have
analyzed, redesigned, and developed a more up-to-date
training system for delivery to our wall and ceiling apprentices.
This process has taken an enormous amount of effort by all
aforementioned parties spanning in excess of two years.
I bring to the attention of readers that we have changed from
a two-visit, Module A/B, Module C/D curriculum to a three-
visit, Level 1, 2, 3 system of information delivery. This new
process of delivering the curriculum allows the apprentice to
receive a more enhanced presentation of our material and also
requires that a candidate for Red Seal certification achieves
a work-based training hour bank of 1,500-2,000 hours more
than previously required to qualify. Note, with contractors’
blessing.
It is our intent and hope that, at the conclusion of their theory
and practical experience at your training facilities, we are able
to develop a higher standard of candidate to set on the final
path to Red Seal certification as a wall and ceiling installer.
I trust I can speak for both the FTI and the BCWCA when I
say neither facility is interested in “pumping out” Red Seal
journeypersons. We do, in fact, feel your pain. Thus, the
changes to our processes needed to be addressed. We have
received feedback from our contractors that confirm our
suspicions: the apprentices need more theory and further
training onsite to develop their craft. In short, the employers
were not entirely satisfied with the “new journeypersons”
running around waving their Red Seal tickets and still not
being totally confident in their ability to produce for their
employers. Their value and knowledge base wasn’t developed
to the standard employers were expecting. I have to agree
with these concerns.
The rant starts here.
I am so damn tired of hearing from our youth that they “just
want to get it over with”. That is, get training over with. Not
all have that attitude, but there are too many who do. They
want to get that Red Seal certification so their learning process
is over. Here’s a wake up call! If you ever stop learning, you
will fail—insert expletives here.
Both the FTI and the BCWCA consistently strive to deliver
the highest quality of instruction, in theory through developed
curriculum, and in hands-on training through our in shop
projects. This is our sole mission. To teach.
We are not running a “sports day”. We do not hand out
“participation ribbons” at your training facilities. Your
apprentices are expected to be punctual—insert laugh track
here—and they are expected to study and work hard. They
are expected to earn and show us that they are worthy of
achieving their Red Seal certification. This is our mission.
Our contractor members expect, or rather demand, that when
you send us your valued youth to learn at our facilities, we
do our job. Train and inform the apprentices. Some may pick
it up quickly, comprehend and soak it up. Some apprentices
put in truly outstanding effort to succeed. They are deserving
of our respect and our efforts to work with them. Then there
are some who are just going through the motions to pass the
time. The individuals that truly put in the effort to succeed
will not fail. Those that do not put in the effort will, hopefully,
continue to learn and strive to turn their attitudes around
for the employers supporting them and for the benefit of
themselves as tradespeople.
We are not handing out “participation ribbons”.
The career choice to be a wall and ceiling installer can and
should be a bright, prosperous future for our youth. One must
earn it, and own it.
I’ve gotta wrap it up here, folks. Time to check my blood
pressure—insert sarcastic laughter here.
Rant concludes.
Keep the dream alive. Send us your future leaders and we
will endeavour to send them back a little more rounded,
knowledgeable, and, possibly, a little black and blue, but
definitely more resilient and proud of their true achievements.
Until next time, Cheers! ▪
By / Drew Smith, BCWCA
6 » The Trowel
improvements or contracts will be “grandfathered” and
subject to the Construction Lien Act or Construction Act as it
read prior to the amendments taking effect.
Prompt payment and adjudication have gained significant
momentum in Canada as the federal and other provincial
governments have considered various aspects of Ontario’s
new Construction Act in the context of their own jurisdictions:
In Nova Scotia, the Builders’ Lien Act was amended by Bill
119, which received royal assent on April 12, 2019. The
act was renamed Builders’ Lien and Prompt Payment Act. Although the bill introduces concepts from Ontario’s new
prompt payment regime, it seems to take a narrower approach
as regards availability of adjudication. The amendment limits
availability of adjudication to disputes that are the “subject of a
notice of non-payment.” Unless exempted by the regulations,
the amendments are applicable to contracts and subcontracts
made after the date of enactment. Our team is monitoring the
progress, as we await regulations prescribing application of
the amendment, payment timelines, adjudication procedures
and details regarding notice of non-payment.
In Saskatchewan, Bill 152 to amend The Builders’ Lien Act was introduced on November 20, 2018, and received
royal assent on May 15, 2019. The bill introduces a prompt
payment and adjudication regime similar to Ontario. Further,
the amendments include transition provisions pursuant to
which certain contracts will be “grandfathered” and subject
to the act as it read prior to the amendments taking effect. As
it prepared the regulations to accompany the amendments to
© C
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tock
Pho
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Leaf
The prompt payment movement is spreading throughout
Canada, and it is critical for players in the Canadian
construction and infrastructure sector – including owners,
developers, contractors, sub-contractors, lenders, construction
managers, architects and engineers – to be aware of ongoing
developments and the related implications so they can prepare
and respond effectively.
As many know, on December 12, 2017, Ontario’s Bill 142
introduced sweeping reforms to the Construction Lien Act. Based on the recommendations of an in-depth report
commissioned by the Ontario government in 2015 and released
in 2016, the reforms included a prompt payment regime,
adjudication of construction disputes and implementation
of various technical amendments to modernize the Act. The changing nature of the legislation, expanding beyond
traditional construction liens, was also reflected in its new
name: the Construction Act.
To provide industry participants with sufficient time to
prepare for the changes, the Ontario government staggered
their implementation, with the technical amendments which
came into force on July 1, 2018, and prompt payment and
mandatory adjudication, which came into force on October
1, 2019. The adjudication process will be administered and
overseen by an Authorized Nominating Authority known
as Ontario Dispute Adjudication for Construction Contracts
(ODACC), as described in our Update. The other amendments
include transitional provisions pursuant to which certain
Canadian Prompt Payment and Construction Law ReformsHow recent developments are impacting the Canadian Construction and infrastructure sector
By / Richard Wong and Roger GillotReprinted with permission from Osler. See www.osler.com
wallandceiling.ca » Fall 2019 » 7
C O N S T R U C T I O N S U P P L Y
SHAPING SKYLINES SINCE 1974
INTERIOR FINISHING · ACCESSORIES
STEE
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MIN
G · FAST
ENER
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OLS·
the act, the Ministry of Justice had sought comments from the
public by August 30, 2019.
In New Brunswick, the Legislative Services Branch of the
Office of the Attorney General published two sets of Law
Reform Notes proposing the replacement of Mechanics’ Lien Act with a modernized Construction Act largely based on the
Ontario reforms. Law Reform Notes #40 released in December
2017 dealt with modernization of structure of language. Law
Reform Notes #41 released in May 2018 addresses prompt
payment and adjudication. While Note #41 recommends
adopting a prompt payment scheme similar to Ontario’s and
agrees that a prompt payment scheme must be accompanied
by an expedited dispute resolution mechanism, given the GDP
of the construction industry in New Brunswick, the authors
remain unsure as to whether Ontario’s adjudication scheme is
appropriate for New Brunswick.
In Manitoba, an independent prompt payment regime was
proposed by Bill 218, which passed first and second reading
in April 2018, but died in November 2018. On November
19, 2018, the Manitoba Law Reform Commission released
its final report titled The Builders’ Liens Act of Manitoba: A Modernized Approach, which recommended the introduction
of a prompt payment and adjudication regime, among others.
Private member’s Bill 245, titled The Prompt Payments in the
Construction Industry Act, was introduced on June 3, 2019.
In Québec, Bill 108, which received royal assent on December
1, 2017, authorizes the implementation of pilot projects aimed
at testing various construction law reforms for public contracts
and subcontracts. The measures to be tested include a prompt
payment regime and adjudication. In Alberta, starting in April
2016, Alberta Infrastructure began implementing prompt
payment clauses in its various contracts.
In British Columbia, Bill M223, titled the Builders Lien (Prompt Payment) Amendment Act, 2019 was introduced to
the Legislative Assembly of British Columbia on May 28,
2019. Unlike the Ontario legislation, the B.C. bill introduces
a prompt payment regime with no mention of an adjudication
mechanism other than a requirement to provide an undertaking
to refer the matter to adjudication as a part of notice of non-
payment. In September 2019, the British Columbia Law
Institute issued a consultation paper on the Builders Lien
Act with 80 tentative recommendations and invites responses
from the stakeholders by January 15, 2020. It is worth noting
that the consultation paper does not treat prompt payment as
a separate subject, because it believes that payment delays
in construction projects are not exclusively related to the
Builders Lien Act.
At the federal level, the government introduced Bill C-97
(Budget Implementation Act, 2019, No. 1) on April 8, 2019,
in the House of Commons, which includes the Federal Prompt Payment for Construction Work Act. The bill received royal assent
on June 21, 2019, but the Cabinet has yet to determine the date
this law becomes effective. The proposed legislation is surprisingly
distinct from the Ontario legislation as regards its transition
provisions. Construction contracts existing before the enactment
of new legislation are not grandfathered; rather they will also be
subject to new legislation from one year of coming into effect.
In addressing stakeholders’ concerns regarding consistency and
legislative alignment, under the new legislation, the Governor in
Council may exempt designated provinces from application of the
proposed legislation. In granting exemption, the Governor will
take into account whether a province has a prompt payment or
adjudication regime “reasonably similar” to the federal legislation.
This may disrupt existing contracts mid-performance to provide
for contractual clarity or compliance with the new legislation.
The Canadian construction and infrastructure sector should
be keeping a watchful eye on developments in individual
provinces and federally. By staying informed – and engaging
legal experts with proven experience and know-how – industry
participants can ensure that their projects are structured in the
most effective way while mitigating the risk of encountering
serious issues and minimizing the potential of unforeseen
delays and cost overruns. ▪
8 » The Trowel
By / Deb Draper x Photos by / Gordon ‘n’ Gordon Interiors Ltd.
Both buildings have achieved Class AA LEED Platinum
certification under the exacting and rigorous v2009 Core
& Shell system for office and retail buildings. This means,
among other criteria, increased energy efficiency and the
provision of excellent indoor environment quality. For
Gordon ‘n’ Gordon, commercial and residential wall and
ceiling specialists working on the project, that meant meeting
some large challenges beyond the company’s usual scope of
work.
First, a hybrid air-source/geothermal heat pump plant was
designed and installed to deliver heating and cooling to
the office spaces through modular radiant ceiling panels—
Attention to Detail and Intricate Coordination
A Winning Combination for Gordon ‘n’ Gordon Interiors Ltd.
The BC Wall and Ceiling Association has awarded the Best
VIWCA Project of 2019 to Gordon ‘n’ Gordon Interiors Ltd.
for its challenging work on the spectacular new office complex
across from the historic city hall in downtown Victoria.
With the completion of this project, developer Jawl Properties
has added approximately 285,000 square feet of office space
to the Victoria business community at 1515 Douglas Street
and 750 Pandora Avenue. The two buildings—a six-storey
low-rise at the front on Douglas joined by a glass concourse
to the 12-storey tower in the back on Pandora—were designed
by D’Ambrosio Architecture & Urbanism and delivered by
general contractor Campbell Construction.
wallandceiling.ca » Fall 2019 » 9
excellent for regulating temperature but also creating the
need for perfect planning and building precision to exactly
meet the designed fit.
Colby Messer, a manager with Gordon ‘n’ Gordon, explains
the company’s scope of work and the areas where extra
coordination was especially needed.
“We did all the walls and drywall ceilings,” says Messer. “We
also helped with the radiant ceiling panels, although that was
not our contract. The issue was that the access floor and those
panels had to be installed before some of the other walls and
demountable partitions could be constructed.”
To accomplish this, along with the unusually large size of the
building—normally about 8,000 feet per floor area for a high-
rise compared to 30,000 feet for this project—the company
had to run a much larger crew, two to three times larger.
“With all the intricacies of the building, the mechanical, the
electrical involved with those radiant ceilings, everything had
to be really well-coordinated,” Messer says.
And then there was the 2,600-square-foot, 20-metre-high
skylit rotunda atrium in the six-storey building on Douglas
Street. Six radial boomerang-shaped glulam beam columns
are connected by a three-metre steel ring beam in the centre
with 30 mm tension rods below each. The unique timber
structure supports the skylight with its two-storey cast-glass
interior façade.
The radiant ceilings brought further challenges when it came
to building the curved walls and bulkheads that formed the
rotunda. Because radiant ceiling panels ran into these walls
on all the levels, there was absolutely no room for error in
fitting. And with those radiant ceiling panels being designed
and built in Italy with months of lead time required, any
adjustments to the system on site were simply not an option.
Messer adds, “The exterior walls, made with terra cotta
panels, are also from Italy, so we had to coordinate to meet all
those shipping dates, as well. They would bring in one section
of the building at a time, and we had to be ready for them—a
bit different process from what we normally would do.”
Gordon ‘n’ Gordon has been working on the project for
three years, and although the main scope of the company’s
involvement is now finished, a crew is still there completing
tenant improvements.
“This was certainly an interesting project with the level of
planning involved and the systems in the building that we
had to work around,” Messer says. “All that ceiling work,
the materials coming in at different times… it took a lot
of coordination, that’s for sure.” But working closely with
suppliers, Slegg Building Materials and Foundation Building
Materials (FBM), the company made it happen.
It is through such attention to detail and scheduling, along
with a mountain of coordination, that Gordon ‘n’ Gordon
Interiors earned this year’s Best VIWCA Project award—a
recognition well-deserved and appreciated by all in the
industry and by the public who can now enjoy this amazing
beautiful office complex. ▪
10 » The Trowel
The question on everyone’s mind in the
age of digital technology, where even the
construction industry is feeling pressure
to adapt, is how do we bridge the gap
between the experienced generation
and new comers to the industry? What
can we say, do, and implement to
ensure traditional knowledge finds a
new home among the next generation,
and that contemporary workplaces
don’t squash innovation in the name of
“the way things were”? The answer is
complex.
Mark Breslin is an author, speaker, and
CEO specializing in workplace success
across all levels of business. Having
spoken to more than 400,000 people
over his career, he has seen his share
of workplace disconnect, including that
between generations.
He points out key benefits young
people bring to the construction trades.
“They have the ability to quickly adapt
to the new technology,” Breslin says.
“They offer low ego and high emotional
intelligence, and they are innovators.
They aren’t intuitively ‛back in the day’ thinkers.”
But what about the ‛back in the day’ thinkers and the value they bring to the
workplace? In an article for Construction
Business Owner, author John Roshala
says the longest-serving employees are
baby boomers who “display specialized
skill sets and dedication to management
and professionalism.” They may also
be slower to adapt to new technology,
which brings us to an important point:
how do we make the best of all that
these generations bring to the trade?
There are a few ways.
Create harmonious teams or mentoring
relationships, which means matching a
variety of skills to create a completely
functional working entity. Leaders
should be creating teams that include
a cross-section of generational
knowledge and technique. Ignore age
and focus on experience to avoid overt
stereotypes. Make sure members of the
more experienced workforce can bring
knowledge to those just starting out, and
set up opportunities for new recruits to
share their passion for creativity and
innovation. When people with various
perspectives and approaches see they
can work together and complement one
another’s strengths, great things can
happen.
Keep everyone connected and engaged.
There is a gross overgeneralization that
millennials need 24/7 coaching and
positive feedback, but the reality is
many people of all ages and experience
levels appreciate guidance, feedback,
and general acknowledgement. It is a
leader’s job to determine who needs
a text every time a task is finished
and who needs a few words every
two weeks, but regardless of these
differences making feedback part of
the workplace culture evens the playing
field and ensures no one is singled out
for enjoying it.
Foster innovation in your teams. Like
it or not, technology is here to stay.
Bridge the gap among employees with
varying feelings about this inevitability
by tasking them with researching—
together—the best software for the
job. There is no denying ownership
promotes pride, and finding a cross-
generational team to recommend a way
forward for the team will also foster
adoption and buy-in.
Recruiting young people will take some
of the innovation company owners
would like to see in their employees.
Watch for soft skills, attitude, and
behaviour. There is very little by way
of practical skills that a student or
apprentice can not learn, but what
about work ethic? Responsibility?
BRIDGINGthe Generation Gap
© C
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Goo
dluz
By / Jessica Kirby
wallandceiling.ca » Fall 2019 » 11
Accountability? Assuming these are
characteristics an employer is seeking
in his or her employees, these are
the characteristics that should be
highlighted when hiring. Focusing less
on what new hires can do and more on
who they are can help eliminate some of
the intergenerational stresses that arise.
Breslin says a company’s online
presence matters in recruitment like
it never has before. “Tell your story
effectively or suffer,” he says. “Attempt
to become a Best Workplace winner,
and have existing young people in the
company participate in recruitment
efforts.”
Inc.com, for instance, collects feedback
on workplace satisfaction and lists
winners in its annual Best Workplaces
survey. The information forms a
searchable database of workplaces
ranked high by their employees, and the
website encourages browsers to use it
to find the qualities in a workplace they
are most proud of.
“In a tight labor market, these businesses
are out to nab top-performing employees
by making life on the job ever more
rewarding,” says Inc.com. “You can
search this year’s list by state, industry,
company size, and benefits—including
generous parental leave, onsite medical
and fitness, pet-friendly policies, tuition
reimbursement, and more.”
Would your company make the list?
Being introspective and honest with
what you discover takes courage, but
it is an investment in yourself and
your business that you can’t afford to
avoid. Trade contractors who make the
list and succeed at recruitment follow
some key points. They are forward-
thinking, open to new ideas, and still
true to their founding values of quality,
craftsmanship, and value.
Breslin adds that contractors also need
to invest in their workforce, young
or old. “Have a career path plan for
new people,” he says. “It is important
to interview and evaluate candidates
effectively, and to have a serious
training budget.”
It is time to stop buying into stereotypes
and start seeing individuals for the value
they bring to the workplace. When we
choose to meet on common ground
and see both strengths and weaknesses
as opportunities for growth, we will
begin to close the gap and move into a
brighter collective future for all. ▪
BRIDGING THE GAP: KEY MESSAGES THAT APPEAL TO WORKERS ACROSS THE AGES
Showcase how a job in the trades solves everyday problems and makes a difference in people’s lives.
Promote job security, including living wage, pension, and benefits.
Integrate technology thoughtfully—adoption for the sake of it is worse than not using technology at all. Think about ease of use, learning curve, and its effectiveness at eliminating mundane tasks.
Use real life stories to sell recruitment.
Use social media. Even certain platforms are moving into realms of “current” and “for old people” so a broad social media strategy should reach everyone.
Reward hard work of all kinds—physical accomplishment, creativity in the work place, problem-solving, or meeting a company or personal goal all deserve recognition, not necessarily for the task itself but for the determination and drive it took to get there.
12 » The Trowel
around the WORLDWORLDLY RESTORATION
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The Great Stupa of Dharmakaya in Colorado’s Shambhala Mountain Center recently received an eye-catching exterior restoration
Rising among wooded Colorado hillsides, The Great Stupa of
Dharmakaya crowns a meadow at the upper end of Shambhala
Mountain Center’s main valley. Standing 108 feet tall, it is
one of the most significant examples of sacred Buddhist
architecture in North America.
Designed to last 1,000 years, The Great Stupa was built with
the most advanced materials available to help it withstand
the harsh climate at the elevated mountain site. Restoring the
dramatic gateways with a high-performance protective coating
was overdue, as the paint on the intricately ornamented arches
and support columns was significantly faded, chipping, and
flaking in the 11 years since its last paint job. Supporters of
The Great Stupa wanted a rejuvenated look to radiate richness
for a very long time.
APV Engineered Coatings custom-matched 15 rich and
vibrant colors for the project, which were delicately applied
to the detailed surface lined with gold leaf. Now, the bold
and colorful exterior is ready for a long life in the extreme
environmental conditions of the Rocky Mountains.
While NeverFade® Coatings typically are applied by
manufacturer-approved or certified contractors, in this
instance, The Great Stupa assembled a team of volunteers to
handle the job. Prior to applying the topcoat, workers pressure-
cleaned the concrete substrate and made sure no chalking was
left on the surface. Over the course of a week, the painting
crew reached a preliminary goal of restoring one gateway and
about 25 percent of a second gateway.
Project manager Bob King explained that the painting was a
very slow process due to the precision required and the team’s
high standards of perfection. “We were applying the coating
with very small brushes and there were a lot of cut-ins,
multiple colours to work with, and many different ornamental
shapes,” he says.
“We were impressed with the coating system’s extreme
weatherability and extended service life performance, which
is backed up with a 15-year product and labour warranty
against colour fading,” says Richard Assaly, lead painter for
the project. “It was the ideal solution to meet the challenging
goals of the restoration work.”
Painting the many different ornamental shapes was a very
slow process due to the precision required and the team’s high
standards of perfection.
Vibrancy and colour were important considerations in the
coating selection, says Joshua Mulder, director of art and
design for the restoration. “We wanted to make the gateways
look as beautiful as we could and for the rejuvenated look to
radiate brightness and richness for a very long time.”
wallandceiling.ca » Fall 2019 » 13
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“EXTRA, EXTRA”: UNDERSTANDING AND PROPERLY CLAIMING FOR EXTRA WORK
it’s the LAW
By / Andrew D.R. Delmonico (left) and Ted Lewis (right), Kuhn LLP
Costs of additional or unanticipated work or “extras” can be
a source of dispute during a construction project—especially
when there is no mechanism in place to define the rights
of subcontractors, contractors, and owners with respect to
these costs. Whether or not the work was in fact “extra,”
or instead a part of the original scope, is also a frequent
point of contention. The case of Diamond 11 Excavating and Demolition Ltd. v Dhunna, 2018 BCSC 2230, offers a
cautionary tale of a subcontractor who was recently denied
payment for significant amounts in alleged extra work.
The FactsThe Defendant property owner (the “Owner”) and
general contractor (the “Contractor”) retained the plaintiff
subcontractor (the “Subcontractor”) to perform demolition
work and provide assorted excavation services (the “Work”)
on two properties in West Vancouver. The Subcontractor
quoted a price of $75,000 for the Work at each property.
The subcontract entered into between the Contractor and the
Subcontractor did not specifically provide for extras.
The Subcontractor took significantly longer in executing the
Work than was typical, and also claimed numerous extras
after it left the sites. For instance, at one of the properties,
the Subcontractor invoiced extras for drywall dumping and
associated fees, extra gravel and dirt hauling, extra digging
and loading, machine time, and machine rentals and delivery,
totalling over $91,000. For the other project, the Subcontractor
invoiced for similar extras, as well as a specialist for the
removal of drywall, totalling approximately $35,000.
The Contractor and the Owner disputed the full amount
invoiced for the Subcontractor’s extras, saying either that the
extras were included in the subcontract price or that they were
not agreed to.
The Decision
The Court ultimately denied the Subcontractor’s claims for
extras. In its decision, the Court reviewed the general test for
determining liability for extra work as follows: (1) the work
performed must, in fact, be extra, in the sense that it is not
within the scope of the work originally contemplated by the
contract; (2) if outside the scope, the owner must expressly or
impliedly authorize the work; (3) the owner must be informed
or necessarily aware that the extra work would increase the
cost; and (4) the owner must waive relevant change provisions
under the contract (if applicable). The Court also noted that,
in determining compensation for extras, parties may (in
the absence of a mechanism for determining the price) be
presumed to have intended a reasonable price, which may be
implied as a term of the contract.
Applying these factors, the Court was not persuaded the
Subcontractor had properly charged for extras, determining
for some claims that there was a lack of evidence to resolve
whether the extras were owing, and in other cases finding that
the amount invoiced as “extra” work was actually within the
scope of the original subcontract price.
Lessons Learned1. A contractual mechanism dealing with changes to the
scope of work is essential to a proper construction contract.
It is prudent to ensure that your contract contains such a
mechanism, and if so that you are actually following all
contractual requirements in practice.
2. Be careful in relying on claims for extras to make up for
a job that is simply underbid. Work that falls within the
scope of work will not be treated as an extra allowing you
continued on page 15
14 » The Trowel
A MILLION MILES LATER, SOME THINGS NEVER CHANGE
By / Mark Breslin
contractors 101
continued on page 15
Last month I was flying along, minding my own business,
when the flight attendant came up to me. In the crowded
cabin she announced to me and the other passengers that
on this flight I would pass one million miles flying on
United. Everyone clapped. I sat there stunned. A thousand
presentations and four hundred thousand people later—and
now, a million miles. My thoughts were interrupted by the
woman next to me. She asked, “So what do you get for a
million miles?” And before I could think, it just popped out
of my mouth.
“You get an ex-wife.”
Everyone howled with laughter.
So, after that many miles and years, I want to take an
inventory on what has changed or improved in our industry
and what has remained the same. With pretty much unlimited
access to the owner community—construction CEOs
and International presidents, learning specialists, training
directors, business managers, field leaders, rank-and-file
union members, and even apprentices—here are my findings
for your consideration.
The Good
1. Unions are much more businesslike and ROI-focused. The
old school, status-quo dinosaurs have finally died off. The
younger leaders are more professional and often getting it
done.
2. Our safety culture is outstanding and remarkable in its
depth and execution.
3. Accountability and performance matter. Finally.
4. Negotiated work becoming dominant has changed a lot of
the low-bid mentality and bad business practices.
5. The amount of resources now dedicated to training is
unprecedented and noteworthy.
6. The new generation of leadership has way more emotional
and social intelligence and uses it well.
7. Contractors are finally focusing on people as their most
valuable assets and investing in them at a level not seen
before. Recruitment and retention are part of any successful
contractor’s strategy for the first time.
8. The Millennial apprentices I meet today are better educated,
more open to change, highly optimistic, and will change
the game for our industry (despite their “issues”).
The Bad
1. The stigma about working in our industry still exists.
Parents, teachers, and counselors still don’t get the amazing
opportunity. But at least the value of a college education
(and debt) is up for debate.
2. The intake system for apprentices in union construction
still sucks. It is often disjointed and lacks proper testing,
interview, and other protocols, leading to 10-30% drop
outs and the entry of marginal candidates. We can do much
better.
3. The structure of most major unions has not changed much,
nor have there been the mergers or consolidation that were
expected to increase resources, leverage economies of
scale, and reduce union politics as an obstacle to change.
4. The state of training and development by most contractors
for their field leaders is pathetic. Field leaders who manage
tens to hundreds of millions of dollars in a career still rarely
get any form of leadership and management training—and
that falls squarely on contractors for their apathy.
5. Many owners still treat contractors poorly. Transfer of
risk has become a high art: brutal specifications, insane
schedules, poor designs, lack of communication, untimely
responses, overreach by retained CMs, and a lot more—
despite a full two decades of “partnering,” it still looks to
me like the owner community has a long way to go.
The Ugly
1. The other day, at a program for 200 field leaders made up of
many companies, I asked how many of them had received
praise and recognition for their work in the last month. Not
one of them raised their hand. That is a broken “tough guy”
culture that has yet to change.
2. Last month, I asked 500 apprentices how many of them
had already heard on the jobsite the phrases, “You’re not
paid to think” or “You get paid from the neck down.” Every
hand went up. That, too, is a broken culture that needs to
change.
3. Our industry is still often not a safe and supportive place
for women and minorities to grow and succeed. Hard to
believe in 2019, but there it is.
In summary, I am actually very optimistic about change and
our industry. Yes, it is taking a while. Yes, we probably could
have moved faster on a lot of this. But every day now, I see
and feel the hunger for more change and a culture of “better,
faster, smarter and safer.” And its pace can be shocking. What
I thought might be a little experiment in 2018 with micro-
wallandceiling.ca » Fall 2019 » 15
advertiser INDEX
Company Phone PageBailey Metals Products 800.818.2666 OBCDemand Products 800.325.7540 11Flannery Trim 818.837.7585 IFC Grabber Construction Products (Canada) Inc. 800.567.8876 13Steeler Ltd (Delta BC) 877.678.6565 7
ADVERTISER INDEX
CONTRACTORS 101 continued from page 14
INDUSTRY NEWS
learning leadership video training resulted in contractors
and unions putting 15,000 field leaders on the system in one
year, blowing my mind and confirming that there is more
momentum, belief, investment, and care for our workforce
than meets the eye.
As well, what makes me really happy is seeing a holistic
change where employers and unions are focusing on our
workforce as people—not looking at them as a commodity, a
vote to be reelected, or a set of skills to be used for a jobsite
function. I feel the care out there, and so do those working for
you. I can say for certain that was absent when I got on that
first flight way back when.
Finally, I’d like to correct the record. The woman who asked
about the million miles? I gave her the wrong answer. The
real answer is for all those miles, I was gifted an opportunity
to make a difference—for an industry and for individuals. It’s
the same opportunity every reader of this article has every
day in our industry. Let us all use it well to create positive
change. Many are counting on us to do so. ▪
Mark Breslin is an author, speaker, CEO and influencer inspiring change for
workplace success across all levels of business. Mark has improved leadership,
accountability, innovation, and engagement for organizations and individuals. He
has spoken to more than 400,000 people and published hundreds of thousands of
books on leadership and workplace culture. See his work at www.breslin.biz
additional compensation. Only if the work is outside that
scope can it really be considered an “extra” permitting an
adjustment to the contract price.
3. Clear communication on extra work is vital. Make sure that,
if you anticipate extra work, you advise the owner of the
anticipated change and cost increases as soon as possible
(and in any event as required by the construction contract). ▪
This article was written by Andrew D.R. Delmonico, a lawyer, and Ted Lewis, an
articled student, who practice in construction law with the law firm of Kuhn LLP.
This article is only intended as a guide and cannot cover every situation. It is
important to get legal advice for specific situations. If you have any questions or
comments about this case or other construction law matters, please contact us at
604.864.8877 (Abbotsford) or 604.684.8668 (Vancouver)
IT’S THE LAW continued from page 13
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