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Saskatoon Chapter: PO Box 7273, Saskatoon, Saskatchewan S7K 4J2 Editor: Brad Smith [email protected]
CSC Conference Kelowna, BC
TBA
TBA
The Saskatoon
September 2016
JUN
7
OCT
26
NOV
30
JAN
25
FEB
22
MAR
29
MAY
24-28
2015/2016 Executive Committee
Chapter Director Brent Fraser, RSW (306) 652-5044 [email protected]
Chapter Chair Brennen Mills (306) 270-5184 [email protected]
Chapter Vice-Chair Amber Moar (306) 683-2912 [email protected] 2
Education Officer Jenny Dergousoff (306) 667-2409 [email protected]
Specifications Officer Brent Fraser, RSW (306) 652-5044 [email protected]
Architectural Officer Vacant
Engineering Officer Trevor Knoll (306) 477-0655 [email protected]
Facility Manager Officer Daryl Cherry (306) 966-4643 [email protected]
Interiors Officer Carolyn Saganaski (306) 667-2400
Trade Contractor Officer Bob Spenst, CTR, CCCA (306) 382-6312 [email protected] 2
Legal Officer Misty Alexandre (306) 933-1352 [email protected]
General Contractor Officer Brennen Mills (306) 270-5184 [email protected]
Secretary/Treasurer Kelly Boldt, CSP (306) 343-7280 [email protected]
Programming Officer Amber Moar (306) 683-2912 [email protected] 2
Membership Officer Garry Booth (306) 652-5044 [email protected] 2
Newsletter Editor Brad Smith (306) 652-5044 [email protected] 2
Member at Large Rick Kalenchuk, CCCA (306) 966-2407 [email protected] 2
Upcoming Events
In This Issue
Upcoming Events..................... Executive Committee................ CSC Saskatoon Presents:........ About Us................................... Welcome Back.......................... 2016 CSC Golf Day.................. Legal Article........................... Membership.............................. Advertising............................. Conference.........................
1 1 2 3 4 4
5-6 7
7-8 9-10
10 Parameters of Acoustics
TBA
TBA
Annual CSC Saskatoon
Golf Tournament
APR
26 TBA
OCT
05 Drone Technology In Surveying
The Saskatoon September 2016
csc-dcc.ca Page 2 of 10
CSC Saskatoon Presents:
The Saskatoon September 2016
csc-dcc.ca Page 3 of 10
Contact any member of the executive
Attend one of our meetings
Visit the association website at
csc-dcc.ca
Visit our chapter website at
saskatoon.csc-dcc.ca
Send your name and address to:
Construction Specifications Canada
Saskatoon Chapter
PO Box 7273
Saskatoon, Saskatchewan, S7K 4J2
Have an idea for the Specifier? I would love to hear from
you. An announcement, upcoming event, or technical
article. Any submissions can be emailed for review to
[email protected] and I will do my best to get it in
print. Deadlines for submissions are the first Friday of the
month for that month’s Specifier.
Speak up and be heard.
Remember to encourage your colleagues, associates,
and clients to attend our monthly meetings.
Thank you,
Brad Smith
Newsletter Editor, CSC Saskatoon Chapter
Our Mission
Construction Specifications Canada (CSC) is a national multi-disciplinary, non-profit association with
chapters across Canada. CSC is committed to ongoing development and delivery of quality education
programs, publications and services for the betterment of the construction community.
To this end, CSC pursues the study of systems and procedures which will improve the co-ordination
and dissemination of documentation relevant to the construction process.
CSC Seeks to enhance the quality of the design and management aspects of construction activity
through programs of publication, education, professional development, and certification, believing that
in so doing it can best contribute to the efficiency and effectiveness of the industry as a whole.
Our Vision
That Construction Specifications Canada is the construction community’s first choice for quality
documentation, education and networking.
Our Values and Core Beliefs
Quality, Professionalism, Teamwork, Integrity, Openness & Innovation
The newsletter acts as a moderator without approving, disapproving, or guaranteeing the validity or accuracy of any data, claim, or
opinion appearing under a byline or obtained or quoted from an acknowledged source. The opinions and comments expressed by the
authors do not necessarily reflect the official views of Construction Specifications Canada. Also, appearance of advertisements and
new product or service information does nor constitute an endorsement of product or service featured.
About Us
Editor's Message For More Information
The Saskatoon
csc-dcc.ca
Welcome Back
By: Brennen Mills, CSC Saskatoon Chapter Chair
Wow! What a summer, and we look to be having as nice a September as we could ask for! Thank you
for this year’s support and membership in our local CSC Chapter.
With a slower year I’ve managed to spend some quality time with family and friends in and around
wonderful City of Saskatoon. I hope you have kept busy and also made time for summer activities!
I’ve had the opportunity to attend the Annual CSC Convention in Halifax earlier this summer. What an
excellent opportunity to learn the new and exciting
a fun filled convention and allowed to shake hands with many peers from around Canada.
As a volunteer executive we have begun planning our upcoming season and hope to attract new and
old members alike to the monthly meetings and activities. Please do not hesitate to contact myself or
any of the executive members with new ideas, questions or concerns.
If you cannot commit to joining our executive team please consider volunteering with one of our active
committees. We can always use more help organizing the next golf event, mixer event, or monthly
meetings!
Thank you to my fellow executives for their work this past year and I look forward to what 2016
has to offer within CSC!
2016 CSC Golf Day
A great day of fun, and some even showed up to Golf, at our annual CSC Golf Day!
CSC Golf Day at the Moon Lake Golf and Country Club was a success. The
course was in great shape and the weather was excellent. Prizes, Steak and
Shrimp were an excellent finish to the day. Thank
in our annual tournament.
We had great support this year from our hole sponsors which offset the costs of the event. I wan
thank each of them for making this event possible. Many door prizes were also contributed by
participants who allowed a large number of guests to go home with more than their score cards.
Our Executive has decided to host this event again in Saskat
has any suggestions please feel free to contact me by email at
Congratulations to
the winning team!
Darren Remenda
Don Shankowsky
Trevor Knoll
Larry Peters
The Saskatoon
dcc.ca
By: Brennen Mills, CSC Saskatoon Chapter Chair
w! What a summer, and we look to be having as nice a September as we could ask for! Thank you
for this year’s support and membership in our local CSC Chapter.
With a slower year I’ve managed to spend some quality time with family and friends in and around
wonderful City of Saskatoon. I hope you have kept busy and also made time for summer activities!
I’ve had the opportunity to attend the Annual CSC Convention in Halifax earlier this summer. What an
excellent opportunity to learn the new and exciting trends and news in our industry. We were provided
a fun filled convention and allowed to shake hands with many peers from around Canada.
As a volunteer executive we have begun planning our upcoming season and hope to attract new and
e monthly meetings and activities. Please do not hesitate to contact myself or
any of the executive members with new ideas, questions or concerns.
If you cannot commit to joining our executive team please consider volunteering with one of our active
ttees. We can always use more help organizing the next golf event, mixer event, or monthly
Thank you to my fellow executives for their work this past year and I look forward to what 2016
A great day of fun, and some even showed up to Golf, at our annual CSC Golf Day!
CSC Golf Day at the Moon Lake Golf and Country Club was a success. The
shape and the weather was excellent. Prizes, Steak and
Shrimp were an excellent finish to the day. Thank-you to all that participated
We had great support this year from our hole sponsors which offset the costs of the event. I wan
thank each of them for making this event possible. Many door prizes were also contributed by
participants who allowed a large number of guests to go home with more than their score cards.
Our Executive has decided to host this event again in Saskatoon next year on June 7th
has any suggestions please feel free to contact me by email at [email protected]
Hole Sponsors:
Plasti-Fab
Penwest Sales
Saskatoon Fire & Flood
CP Distributors
IKO
Cloverdale Paint
September 2016
Page 4 of 10
w! What a summer, and we look to be having as nice a September as we could ask for! Thank you
With a slower year I’ve managed to spend some quality time with family and friends in and around our
wonderful City of Saskatoon. I hope you have kept busy and also made time for summer activities!
I’ve had the opportunity to attend the Annual CSC Convention in Halifax earlier this summer. What an
trends and news in our industry. We were provided
a fun filled convention and allowed to shake hands with many peers from around Canada.
As a volunteer executive we have begun planning our upcoming season and hope to attract new and
e monthly meetings and activities. Please do not hesitate to contact myself or
If you cannot commit to joining our executive team please consider volunteering with one of our active
ttees. We can always use more help organizing the next golf event, mixer event, or monthly
Thank you to my fellow executives for their work this past year and I look forward to what 2016-2017
We had great support this year from our hole sponsors which offset the costs of the event. I wanted to
thank each of them for making this event possible. Many door prizes were also contributed by
participants who allowed a large number of guests to go home with more than their score cards.
th 2017, if anyone
Hole Sponsors:
Fab
Penwest Sales
Saskatoon Fire & Flood
CP Distributors
Cloverdale Paint
The Saskatoon September 2016
csc-dcc.ca Page 5 of 10
Legal Article
Part 2 of Elan Construction Limited v. South Fish Creek Recreational Association:
Why the courts can’t compare visible apples with invisible oranges
By: Misty Alexandre, Robertson Stromberg LLP
Earlier this year, I reported on a decision of the Alberta Court of Queen’s Bench in Elan Construction
Limited v. South Fish Creek Recreational Association (2015 ABQB 330).
As a recap, this case involved the tendering of an addition to a skating rink/multi-purpose facility.
South Fish Creek Recreational Association (“Fish Creek”) included a relatively complex evaluation
formula in its Instructions to Bidders, one that would award points to each bidder based on 4 specific
criteria (price, completion date, experience and references). When the project was awarded to
Chandos Construction, Elan Construction Limited (“Elan”) ultimately sued Fish Creek and alleged that
they had not followed their own evaluation criteria in awarding the project. The trial judge agreed with
Elan, holding that Fish Creek had in fact breached their obligations in Contract A. To Elan’s surprise,
though, the Court determined that Elan was only entitled to nominal damages of $1,000 (a ways off
from the $704,908 Elan was claiming). The Court’s reasoning: since Chandos Construction actually
suffered a loss on the project, the trial judge determined that Elan would have been doomed to a
similar fate.
This decision has made many in the industry uneasy; no one is comfortable with the prospect of
painstakingly proving a breach of Contract A, only to receive a purple participation ribbon at the end.
As it turns out, neither party was happy with the result – Fish Creek appealed the finding that it had
breached Contract A, while Elan appealed the nominal damage award. So, the Alberta Court of
Appeal took a closer look, and their findings will be of some comfort to contractors.
Breach of Contract A
The Court first reviewed Fish Creek’s appeal on the finding that they breached Contract A. In a
nutshell, Fish Creek argued that the provision in the Instructions to Bidders allowing them “sole and
unfettered discretion” gave them the absolute power to award the project to the bidder of their
choosing, using whatever methodology they saw fit.
Not surprisingly, the Court of Appeal affirmed the trial decision, finding that “to maintain the legitimacy
and integrity of the bid process, a reference to an owner’s being entitled to evaluate criteria in their
“sole and unfettered discretion” cannot include the right to depart from fundamental contents of the
Instruction to Bidders on which bidders would properly and reasonably place reliance in composing
their bids.”
To demonstrate this conclusion, the Court pointed out that while Fish Creek included a reference to
August 1, 2011 as a desired (though not mandatory) completion date in the bid documents, the fact
that Elan committed to this date in their bid was somehow held against it! Using a criteria not
explained to the bidders, Fish Creek took the average of all completion dates in the bids (which turned
out to be August 5, 2011), and then awarded points to bidders based on how far their own completion
date deviated from that one. Fish Creek justified this approach by stating it would constitute “the most
achievable or right date”, and further by expressing concerns whether Elan could even meet the
desired August 1 date (despite not having any evidence to support this concern). Such an approach
was flawed, and ignored the reality of Elan’s own capacity to meet this date (as an aside, 4 other
contractors actually bid the August 1 date or earlier).
The Saskatoon September 2016
csc-dcc.ca Page 6 of 10
Legal Article, cont'd
Damages
On the damage issue, the Court of Appeal’s views were much different than the trial judge though. In
addition to purely technical deficiencies with the pleading documents, the Court rejected the trial
judge’s assessment of nominal damages for several other reasons, including:
• The trial judge incorrectly placed the burden of proving Elan’s fate v. Chandos fate on Elan; rather, it was Fish Creek’s job to prove that Chando’s losses would inevitably have been incurred by Elan as well;
• Fish Creek failed to provide any real evidence (both expert and otherwise) to compare the outcomes of Elan v. Chandos. In particular, the evidence showed that Chandos and Elan had different approaches and plans for proceeding on the project, including sequence of events, start times, personnel and subcontractors (with the exception of a few in common);
• For the subtrades in common between Elan and Chandos, the trial judge discounted Elan’s profit margin calculations, reasoning that the losses suffered by Chandos for these common trades would have equally been suffered by Elan. This approach was found to be based primarily on speculation by the trial judge, and once again, incorrectly placed the burden on Elan to disprove that its losses would not have been the same as Chandos.
• While the trial judge assumed that losses related to bad weather and design flaws would also have been incurred by Elan, the Court of Appeal found no evidence to support this (and actually, even some evidence to suggest otherwise).
• Finally, in assessing Elan’s potential losses, the Court noted that the trial judge factored in a settlement figure reached between Fish Creek and Chandos in relation to the design flaws and resulting delay on the project. In particular, the evidence suggested that Chandos was risk averse, a factor likely taken into account in the settlement amount, but Elan was less so. For example, the Court of Appeal suggested that both Elan and Chandos could have relied on GC 6.5.1 in the CCDC2 contract to justify a claim for more compensation from Fish Creek in relation to the design flaws and resulting delays. While Chandos appeared more risk averse, there was no evidence to show that Elan would not have asserted those rights more vigorously in settlement discussions.
The Court summed it up best when it concluded that “Fish Creek was not just attempting to have the
trial judge compare an apple to an orange. It was an attempt to get the trial judge to compare a visible
apple and an invisible orange.”
Both parties agreed that the Court of Appeal should re-assess damages as opposed to sending the
matter back to Queen’s Bench. As a result, the Court of Appeal awarded Elan the amount claimed,
minus 2 discounted amounts for expenses that, on the evidence, Elan could not have avoided.
In my prior article following the Queen’s Bench decision, I cautioned contractors to put careful thought
into the hypothetical outcome of the project had it rightfully been awarded to them. Even despite the
Court of Appeal’s findings in this case, this advice still rings true. If it can be shown to the Court that
the unsuccessful bidder would have suffered a loss similar to that of the successful party, the
unsuccessful bidder’s damages will be altered accordingly. However, what has changed (or rather,
been clarified) is who is responsible for predicting the future. The burden of proving the likely fate of
the unsuccessful bidder lies not at their own feet – the Owner must bring this evidence and convince
the Court likewise.
The Saskatoon September 2016
csc-dcc.ca Page 7 of 10
For More Information on Membership:
Contact any member of the Executive
Attend one of our meetings
Visit the association website at csc-dcc.ca
Visit our chapter website at saskatoon.csc-dcc.ca
In the construction industry’s fast-paced environment, the need for and value of Construction
Specifications Canada is greater than ever. CSC brings together individuals from all segments of the
construction industry. All who have a vested interest in Canada’s largest industry are invited to join
CSC. When you Join CSC you become a part of the only association that brings together
professionals from all aspects of the construction industry.
Membership In CSC
CSC offers members of the Design Team the opportunity to meet with other members and
exchange information. It also affords you the chance to help improve technology and its
management, and the means to improve ways in which your ideals are translated into
clear, concise and complete documentation
If you are a member of the Building Team, Construction Specifications Canada offers you
the opportunity to become involved in formulating specifications. Your valuable input into
the programs can help generate time and cost savings as well as improve performance.
The multi-disciplinary composition of CSC allows members of the Supply Team to meet
with other members of the construction team. CSC programs in data filing and information
retrieval are geared to present convenient and concise information on your products for
proper evaluation and specification.
If you are a student of architecture, engineering or construction technology, CSC will
provide you with greater exposure to and a better understanding of the Construction
Industry, giving you an excellent opportunity if you plan a career in the construction field.
The Saskatoon Specifier offers the opportunity to place your business card in every issue for one full year (minimum 7 issues). This offers your company exposure throughout the Saskatoon construction industry. Full page and half page spaces are also available. To place your ad in the next issue, please send your business card, full page ad, or half page ad and a cheque for the appropriate amount: MEMBER NON MEMBER Business card (7 Issues): $40.00 (GST included) $50.00 (GST included) Half page ad (Single issue): $35.00 (GST included) $45.00 (GST included) Full page ad (Single issue): $50.00 (GST included) $60.00 (GST included)
Cheques should be made payable to the Saskatoon CSC Chapter. Mail to:
Brad Smith c/o Henry Downing Architects 2233 Avenue C North, Saskatoon, S7L 5Z2
Advertising
The Saskatoon September 2016
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The Saskatoon September 2016
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The Saskatoon September 2016
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