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O C T O B E R 2 0 1 6 I S S U E 2
September 19, 2016 KICK-OFF in The Exchange
IN THIS ISSUE…
Chair’s Report………..3
Membership…….…….4
Director’s Report...…..5
WCA News………..…8-9
Legal article ……..12-13 CaGBC info ………….14 CDBI Conference info…………………….15
CCA Registration…...16
www.cscwinnipeg.ca
October 4, 2016 Breakfast at Manitoba
Building Expo
November 9, 2016 Specification writing
presentation
December 14, 2016 TOUR - Centennial Concert
Hall
January 11, 2017 Legal Presentation
February 8, 2017 Design Presentation
March 8, 2017 Design Presentation
April 12, 2017 (Possible) TOUR
May 10, 2017 Annual Chapter Meeting
June 2017 Annual Golf Tournament
THE WINNIPEG
May 2017
Connections Cafe
All above dates are subject to change.
HAPPY THANKSGIVING
UPCOMING EVENTS IN WINNIPEG
CDBI Conference & Tutorial October 12-14, 2016
For more info go to: http://www.cdbi.org/conference/
CaGBC - Introduction to the Changes in LEED v4
November 8, 2016 For more info go to: http://www.cagbc.org/CAGBC/Chapters/
Manitoba
CSC Meeting - Specification writing presentation November 9, 2016
CCA Course (registration form page 16)
November 14-18, 2016
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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 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 not constitute an endorsement of product or services featured.
CONSTRUCTION SPECIFICATIONS CANADA Construction Specifications Canada is a multi-disciplinary, nonprofit association dedicated to the improvement of communication, contract documentation, and technical information in the construction industry. CSC is a national association with chapters in most major Canadian cities.
Vision Statement:
The construction community's first choice for quality documentation, education and networking.
Core Value and Belief Statement:
Quality, Professionalism, Teamwork, Integrity, Openness and Innovation.
Mission Statement:
Committed to the ongoing development and delivery of quality education programs, publications and services for the betterment of the construction community.
Objectives:
To foster the interest of those who are engaged in or who are affected by the compilation or use of any forms of specifications or related documentation for the construction industry.
To publish literature pertaining to the construction industry.
To engage in activities to improve procedures and techniques related to the construction industry.
For More Information: Contact any member o f the Executive.
Attend one o f our meetings.
Vis i t the Association website at www.csc-dcc.ca
Vis i t our chapter website at www.cscwinnipeg.ca
Send your name and address to:
CONSTRUCTION SPECIFICATIONS CANADA Winnipeg Chapter
1447 Waverley St., Winnipeg, MB R3T 0P7
WINNIPEG CHAPTER EXECUTIVE 2014/2015
Chapter Director Barb Boroskae 204-774-2431 [email protected]
Chair Dwayne Penner, CCCA 204-956-0980 [email protected] [email protected] Past Chair Barb Boroskae 204-774-2431 [email protected]
Vice-Chairperson Vacant Volunteer Required
Officers:
Specification Writer Rock Jerome, CCCA 204-885-9323 [email protected] Architectural Bradford Cove, C.T. (Arch) 204-477-1260 [email protected] Engineering Dwayne Penner, CCCA 204-956-0980 [email protected] Interior Design Jean Gallagher 204-956-9720 [email protected] Trade Contractor Terri Randall 204-253-7170 [email protected] Manufacturer/Supplier Jim Dupasquier 204-782-2601 [email protected] Landscape Architecture Vacant Volunteer required Facility/Plant Manager Norbert Schuster [email protected] General Contractor Coram Lalonde TBA TBA Owner Representative Jennifer Webber 204-360-3963 [email protected]
Appointments:
Secretary Vacant TBD Treasurer Jason Moses 204-989-0102 [email protected] Technical Vacant Volunteer Required Marketing Jim Dupasquier 204-782-2601 [email protected] Membership (Co-Chairs) Jesse Watson 204-942-0981 [email protected] Program Elizabeth Veloso 204-954-6922 [email protected]
Telephone Tree Jesse Watson 204-942-0981 [email protected] Education/Certification Brenda Thompson [email protected] SPECIFIER Newsletter Editor Sarah Panasiuk 204-253-7170 [email protected] Webmaster Mike Garlinski 204-632-9378 [email protected] Golf Tournament Ken Rowson 204-633-8316 [email protected] Connections Café Mike Garlinski 204-632-9378 [email protected] Sergeant-at-Arms Gord French 204-256-6007 [email protected]
ADVERTISEMENT RATES FOR WINNIPEG CHAPTER SPECIFIER
_________________________________
All copies supplied by advertiser will be stuffed into newsletter enve lope independent o f the newsletter.
Full page advertisements must be maximum 8 1/2” x 11”.
Note: One year advertising will be included in a minimum of 10 issues. The editor reserves the right to limit weight of loose insert advertising.
BUSINESS CARD (Rate is yearly-10 issues) $60.00 members $75.00 non-members
FULL PAGE All issues: $500.00 1 issue: $100.00
HALF PAGE All issues: $250.00 1 issue: $50.00
QUARTER PAGE All issues: $125.00 1 issue: $25.00
PREPRINTED INSERT 1 issue: $75.00
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Winnipeg Specifier
““Your Chair’s Report”
So having completed our first two meetings of the year – with our kick-off in the Exchange District in September, and our recent joining in the breakfast meeting at the Manitoba Building Expo – our 2016/17 CSC season is now officially underway. Efforts by our Executive at this early stage of the season have been concentrated in a few areas… First… we are working to bring more clarity to our calendar of events for the year. While the overall program is basically set, the details around speakers and topics are being finalized. You can expect to receive greater detail in the weeks to come, to help plan your calendar. And as always, please feel free to contact our Program Chair – Ms. Elizabeth Veloso ([email protected]), if you have any comments on or suggestions for our Program. Topic suggestions are always welcome – if not for this year then for future year’s programs. Second… our Education Committee, headed up by Ms. Brenda Thompson ([email protected]), con-tinues to take registrations in preparation for this fall’s offering of the Construction Contract Adminis-trator (CCA) course, scheduled to take place November 14
th to 18th. Our course presenter is Mr.
Peter Semchuk, FCSC, RSW, CCCA of CSC’s Edmonton Chapter. As you can likely gather by the designations behind Peter’s name, he is well positioned to bring his vast experience in the field of Contract Administration (and specification writing) to the classroom on a very practical and “real world” level. We would encourage anyone interested in this course to contact Brenda for more infor-mation and to register. Greater detail and registration instructions can also be found further on in this publication. Third… members of our executive – led by Mr. Jason Moses (Treasurer) and Ms. Jenn Weber (Officer, Owner) continue to look into the implementation of a more automated, electronic system for online registration and payment for our Chapter meetings and events. The intent is to streamline the process and make it more convenient for you, our membership, to participate in these events. Our original plan, as first introduced to you in these reports last season, was to have this system fully im-plemented in time for this year. Obviously, and for various reasons, this did not happen quite that quickly. But have faith – this initiative will be concluded in the coming months. In the meantime, pay-ment through PayPal continues to be an option for those interested in this. So that’s it for this month’s report. Again I thank you for reading and look forward to seeing all of you at a future event.
Dwayne Penner Winnipeg Chapter Chair, CCCA, Tetra Tech
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Winnipeg Specifier
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 associa-tion that brings together professionals from all aspects of the construction industry.
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 specifica-tion.
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.
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Winnipeg Specifier
Thanks to the CSC Membership for responding to the CSC CCA Course for Nov 14 – 18, 2016 at the WCA
Construction Education Centre – We are a go! Also, welcome and thanks to those who will attend from Sas-
katchewan; Winnipeg Chapter is always open to neighboring CSC member registrations. The Education
Committee will accept late registrations until the end of October.
On behalf of the Association: Principles of Construction Documentation (PCD) Construction Contract Administrator
November 23 - 27, 2016 March 22 - 26, 2017 TORONTO, ON TORONTO, ON Eaton Chelsea Toronto Eaton Chelsea Toronto 33 Gerrard Street West 33 Gerrard Street West Toronto, ON M5G 1Z4 Toronto, ON M5G 1Z4 (416) 595-1975 (416)595-1975
Instructor: David Wilson, FCSC, RSW Instructor: Ted Katsoris, CCCA
Now is the time to register for CSC’s online courses. Book your space today!
Technical Representative
Course Code: CNST247 (this course starts January 2017) The TR course will provide a better understand-
ing of contract documents and bidding procedures, product representation, professionalism, and ethics, and
will provide a new depth of understanding and explanation of concepts beyond what was previously intro-
duced in the PCD course. The course is designed for the individual involved in the supply section of the con-
struction industry such as manufacturer representatives, agents or distributors of products. The student will
have successfully completed the PCD course.
What’s Next?
CSC Fall Board meetings are planned for the weekend of Oct 21 - 23, 2016. Please don’t hesitate to submit
by email topics or questions for discussion at the Director’s Forum by Oct 6, 2016:
Barb Boroskae Winnipeg Director & Proud Manitoban
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Winnipeg Specifier
June 2016 Building Permit Data According to Statistics Canada, the value of all building permits issued in Manitoba in 2016 through June was over $1.5 billion. Overall activity is tracking more than 15% above last year’s numbers, with growth coming primarily from the non-residential sector, and in particular the Commercial and In-dustrial sectors. For the first time this year, Residential permits are tracking above last year’s num-bers.
Review of Ontario’s Construction Lien Act Bruce Reynolds and Sharon Vogel have delivered an extensive review of Ontario’s Construction Lien Act which could impact the industry nationwide. For more information go to http://www.attorneygeneral.jus.gov.on.ca/english/about/pubs/cla_report/
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Winnipeg Specifier
New Tariffs on Imported Drywall Products
CertainTeed Gypsum filed a complaint with the Canadian International Trade Tribunal (CITT) in early 2016. On June 8, 2016 the Canada Border Services Agency began an investigation into the alleged dumping of drywall products by US based manufacturers. On September 6, 2016 the CITT issued a preliminary determination that dumping of drywall product from the USA was happening and imposed immediate duties/tariffs of between 105% and 276% over the export price depending on the manufacturer. This is a provisional duty/tariff with a final determination expected in December 2016. At the same time, the CITT will be initiating an inquiry into the dumping issue, and whether or not these will be permanent duties, which will take several months. Further, we have seen at least one memo from a supplier advising of a general price in-crease in wall board effective September 8, 2016. WCA has been receiving numerous inquiries as to how trade contractors and general con-tractors handle the volatility of this situation and we have been offering the following: The CCDC2 contract between the Owner and General Contractor has clause language recognizing that “duties” imposed after the bid closing shall increase the contract price ac-cordingly. We recognize that not all contracts are CCDC contracts so the existence of this clause language can vary. Further, the contract between the GC and the subs may or may not contain these flow down/up provisions. We suggest that subs in this position discuss this with their general contractors. To complicate this issue, we would also remind inter-ested parties that inflationary increases in material pric-es are generally NOT subject to the same CCDC treat-ment as a Duty or Tariff. The expectation in the case of an inflationary increase is that all parties should have allowed for this in their initial bid pricing. WCA will be following this matter carefully over the next few months and we have raised this issue with our national Canadian Construction Association for addi-tional action and follow-up.
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For your convenience, we have added a PayPal option to your existing payment solution.
Now, in a few easy steps, you can speed through checkout using your existing PayPal account, or, if you don’t have a PayPal account, you can
choose a one-time credit card or Visa Debit card payment.
Each meeting, we will provide a link within the meeting notice, which will direct you to a pay-
ment page for this particular CSC Meeting. Simply provide your account or credit card de-
tails, and you’re done. A receipt will be emailed to you immediately.
It’s EASY, FAST and SECURE !
Winnipeg Specifier
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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
September 15, 2016
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 for-mula in its Instructions to Bidders, one that would award points to each bidder based on 4 specific crite-ria (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 simi-lar fate. This decision has made many in the industry uneasy; no one is comfortable with the prospect of pains-takingly 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 nut-shell, Fish Creek argued that the provision in the Instructions to Bidders allowing them “sole and unfet-tered discretion” gave them the absolute power to award the project to the bidder of their choosing, us-ing 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 In-struction 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 Au-gust 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 Au-gust 5, 2011), and then awarded points to bidders based on how far their own completion date deviat-ed 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).
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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; ra-ther, it was Fish Creek’s job to prove that Chando’s losses would inevitably have been in-curred by Elan as well;
Fish Creek failed to provide any real evidence (both expert and otherwise) to compare the out-
comes 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 prof-
it 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 pri-marily 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 actu-ally, even some evidence to suggest otherwise).
Finally, in assessing Elan’s potential losses, the Court noted that the trial judge factored in a set-
tlement 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 vigor-ously 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.
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Introduction to the Changes in LEED v4 Winnipeg, November 8, 2016
Do you want to understand the changes in LEED v4 before LEED 2009 registration clos-es on October 31?
This half day workshop will provide you with basic knowledge of the major changes, and explores the impact of LEED v4 on Canadians. As a result, you’ll be able to communicate effectively to colleagues and clients about some of the major high-level changes occur-ring in LEED v4 and effectively guide your projects through this new rating system. At-tendees will earn 3.5 GBCI CE hours (general or LEED-specific for any specialty).
This course will be taught by Jennifer Webber of Manitoba Hydro. Jennifer is very pas-sionate about sustainability and the green construction industry in Manitoba. As the cur-rent Project Coordinator for the Power Smart New Buildings Program at Manitoba Hy-dro, she encourages new construction projects to be more energy efficient than mini-mum code. She has the pleasure of working with several new construction project teams in the Province and has experience on over 10 LEED® Certified projects to date. Jennifer is also on the Manitoba CaGBC leadership board, sits on the CSC-Winnipeg Chapter Executive, and is a competitive Crossfitter.
Please note: Sign in begins at 7:45 AM. Breakfast, tea and coffee will be available. Please e-mail
[email protected] with any dietary restrictions.
*Early bird pricing ends October 25th
1/2 Day Event Member (Chapter or
Corporate) Non-Member
Early Bird* $125 $139
Regular $135 $149
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Canadian Museum for Human Rights – Discover the Building
Led by PCL Constructors Canada Inc. and Architecture49
Attend this 60-minute private, guided tour conducted by the PCL and Architecture49 repre-sentatives who were personally involved in the construction of this iconic structure. They will share firsthand the story that the entire project team has written within the walls of this museum dedicated to human rights. As you explore the building, you will gain amazing in-sight into and appreciation for the complexity of the project, as showcased by such unique features as the backlit alabaster ramps and the Israel Asper Tower of Hope. Take time af-terward to explore the many inspiring spaces and exhibits on your own.
The cost is $17 per person and includes a 60-minute guided tour after which you can visit the galleries on your own. The group will gather in the hotel lobby at 13:45 and walk over. After the tour participants are free to return to the hotel at their leisure.
Register for the tour as part of your conference registration.
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September 19, 2016 No Sponsor
MEETING SPONSORSHIP For $125.00 you receive:
Acknowledgement at the registration desk
Product display & table centre piece featuring your product or service.
Free full page ad in the Specifier for 1 issue.
On-going discussion with key industry people during the meeting.
Opportunity to make a 5 minute presentation to the membership.
One complimentary meal ticket To book your meeting contact:
Jim Dupasquier [email protected]
To place an advertisement in the SPECIFIER, please refer to page 2.
INDUSTRY CONTACTS
Winnipeg Construction Association (WCA) Ron Hambley [email protected] 204-775-8664
Architectural Woodwork Manufacturers Assoc. of Canada (AWMAC) Curtis Popel [email protected] 204-231-0890
Floor Covering Association of Manitoba Inc. (FCAM) 204-654-9199
Professional Interior Designers Institute of Manitoba (PIDIM) Julie A. Piazzoni [email protected] 204-925-4625
Building Owners and Managers Association (BOMA) Tom Thiesson [email protected] 204-777-2662
Manitoba Association of Architects (MAA) Judy Pestrak [email protected] 204-925-4620
Roofing Contractors Association of Manitoba (RCAM)
Marian Davidson-Boles [email protected] 204-783-6365
Manitoba Masonry Institute (MMI) Jeffrey Dolovich [email protected] 204-794-6128
National Air Barrier Association (NABA) Birgit Dotzlaw [email protected] 204-956-5888
Architectural Building Technologists Assoc. of Manitoba (ABTAM) John Mainer [email protected] 204-956-4727
Manitoba Building Envelope Council (MBEC) Ryan Dalgleish [email protected] 204-956-5888
Construction Safety Association of Manitoba (CSAM) Mike Jones [email protected] 204-775-3171
Canadian Institute of Steel Construction (CISC-ICCA) Gordon Tumilson [email protected] 204-297-6275
Manitoba Chapter, Canada Green Building Council (MBCaGBC) Crystal Bornais [email protected] 204-230-5371
Does your association belong on the above list? For any errors and/or emissions, please contact Sarah Panasiuk at [email protected]. Thanks!
October 4, 2016 Sponsorship Available
November 9, 2016 Sponsorship Available
December 14, 2016 Sponsorship Available
January 11, 2017 Sponsorship Available
February 8, 2017 Sponsorship Available
March 8, 2017 Sponsorship Available
April 12, 2017 Sponsorship Available
May 10, 2017 Sponsorship Available
June 2017, CSC GOLF Sponsorship Available
THE WINNIPEG
