Saskatoon Chapter: PO Box 7273, Saskatoon, Saskatchewan S7K 4J2 Editor: Brad Smith

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1 The Saskatoon April 2016 Saskatoon Chapter: PO Box 7273, Saskatoon, Saskatchewan S7K 4J2 Editor: Brad Smith Upcoming Events 2015/2016 Executive Committee OCT 28 NOV 24 JAN 27 Building Tour Gordon Oakes-Red Bear Student Centre Spray Foam Insulation Information Specialty Glass Applications Chapter Director Brent Fraser, RSW (306) Chapter Chair Brennen Mills (306) Trade Contractor Officer Bob Spenst, CTR, CCCA (306) Legal Officer Misty Alexandre (306) FEB 25 MAR 29 APR 28 MAY 11 MAY JUN 8 Integrated Delivery Project Renewable Energy - How Can It Be Applied In Saskatchewan Building Tour and AGM Saskatoon Minor Football Field CSC Saskatoon Mixer CSC Conference Halifax, NS Annual CSC Saskatoon Golf Tournament In This Issue Upcoming Events... 1 Executive Committee... 1 CSC Saskatoon Presents:... 2 About Us... 3 Legal Article PCD Course... 6 CSC Golf Day... 7 CSC Annual Mixer... 8 Membership... 9 Advertising Chapter Nominations Conference Chapter Vice-Chair Amber Moar (306) amber.moar@spiritsd.ca Education Officer Jenny Dergousoff (306) jenny.dergousoff@stantec.com Specifications Officer Brent Fraser, RSW (306) bfraser@henrydowning.ca Architectural Officer Vacant Engineering Officer Trevor Knoll (306) trevor.knoll@robb-kullman.com Facility Manager Officer Daryl Cherry (306) daryl.cherry@usask.ca Interiors Officer Carolyn Saganaski (306) carolyn.saganski@stantec.com General Contractor Officer Brennen Mills (306) b.mills@fireandflood.ca Secretary/Treasurer Kelly Boldt, CSP (306) k.boldt@cwce.ca Programming Officer Amber Moar (306) amber.moar@spiritsd.ca Membership Officer Garry Booth (306) gbooth@henrydowning.ca Newsletter Editor Brad Smith (306) bsmith@henrydowning.ca Member at Large Rick Kalenchuk, CCCA (306) rick.kalenchuk@hotmail.com

2 CSC Saskatoon Presents: Page 2 of 13

3 About Us 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 Editor's Message Have an idea for the Specifier? I would love to hear from you. An announcement, upcoming event, or technical article. Any submissions can be ed for review to bsmith@henrydowning.ca 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 For More Information Contact any member of the executive Attend one of our meetings Visit the association website at Visit our chapter website at saskatoon. Send your name and address to: Construction Specifications Canada Saskatoon Chapter PO Box 7273 Saskatoon, Saskatchewan, S7K 4J2 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. Page 3 of 13

4 Legal Article Sufficiency Of Notice: What types of details need to be included in a Notice of Dispute? By: Jared Epp, Robertson Stromberg Barristers and Solicitors Building contracts, like CCDC contracts, frequently require parties who disagree over things like extras to submit particulars of their dispute to an engineer for determination. The findings of the engineer can then be challenged by either party in arbitration. The detail that must be included in these dispute notes was recently discussed by the Ontario Court of Appeal in Ross-Clair v. Canada (Attorney- General). The facts In this case, a general contractor ( Ross-Clair ) was hired by the federal government to build management offices at the Millhaven Institution, which is a maximum security prison located in Bath, Ontario. The parties contract set out detailed requirements in terms of how Ross-Clair was to submit claims for extras: 35.3 When the contractor has given a notice referred to in GC 35.2, the contractor shall give the Engineer a written claim for extra expense or loss or damage within thirty (30) days of the date that a Final Certificate of Completion referred to in GC 44.1 is issued and not afterwards A written claim referred to in GC 35.3 shall contain a sufficient description of the facts and circumstances of the occurrence that is the subject of the claim to enable the Engineer to determine whether or not the claim is justified and the contractor shall supply such further and other information for that purpose as the Engineer requires from time to time. If either the Owner or Ross-Clair disagreed with the findings of the Engineer, they could elect to have the issue determined through binding arbitration. However, arbitration was only available if and after the Engineer made a finding. A number of issues arose during construction, most of which centered on Ross-Clair s inability to meet the scheduled completion date, which was January 24, A number of letters were exchanged between the parties on this issue. These letters later formed the foundation for Ross-Clair s claim for extras and provide context to the dispute. 1. December 5, 2008 Ross-Clair informs the Engineer that an extension is needed to complete due to delays caused by the owner and that Ross-Clair has incurred additional costs of $1,437,976. Ross-Clair indicates it will provide a breakdown of these costs in the future. 2. December 16, 2008 the Engineer advises Ross-Clair that it needs more information before it can process a claim for extras. 3. February 27, 2009 the Owner reminds Ross-Clair that it has failed to complete the project on time. 4. March 2, 2009 Ross-Clair informs the Owner that Ross-Clair is entitled to an extension due to owner caused delay. Ross-Clair also attaches a document listing the sub-contractors it owes money to for the project. These costs total $1,437, April and May 2009 both the Owner and Engineer request that Ross-Clair provide additional documentation in support of its extras claim. 6. October 6, 2009 the Owner grants Ross-Clair an extension to complete without prejudice to the right to object to the extra costs Ross-Clair is claiming. Page 4 of 13

5 Legal Article, cont'd 7. March 31, 2011 Ross-Clair claims additional costs of $766, April 2, 2011 the Owner advises Ross-Clair that its letters did not contain enough information for the Owner to be able to process the claim for extras. 9. February 10, 2012 the Engineer certifies the project as being complete. 10. May 28, 2013 Ross-Clair provides the Owner with a detailed report breaking down its claim for extras. Ultimately, the Owner refused to pay Ross-Clair s claim for extras. However, the Owner also instructed the Engineer not to make a finding in response to Ross-Clair s May 2013 report, thereby depriving Ross-Clair of the ability to seek arbitration. Ross-Clair then sought a court order requiring the Engineer to rule on its claim for extras. The result: In considering this issue, the Court discussed whether or not the letters prepared by Ross-Clair gave the Engineer sufficient information about the claim for extras. At the outset, the Court noted that the detailed report submitted by Ross-Clair in May 2013 could not be considered because it was delivered, contrary to GC 35.3, more than 30 days after the Final Certificate of Completion was issued. This meant that the details of Ross-Clair s claim were limited to what it set out in its 2008 and 2009 letters. In considering whether or not these letters had enough detail to satisfy the notice requirements in the parties contract, the Court stressed the fact that the contract needed to be interpreted as a whole. This meant that the provisions in the contract, which regulated how extra work would be priced (ex. costs of labour, materials, costs to hire sub-trades, over-head mark-up costs) needed to be outlined and detailed in the claim for extras, as without it the Engineer would not have the information needed to make a meaningful decision. The court was also very concerned with the fact that Ross-Clair had not responded to the Owner or the Engineer s request for more information until May 30, 2013, which was more than 12 months after the project was completed. Given these circumstances, Ross-Clair was not allowed to advance its claim for extras. Conclusion The decision reached in Ross-Clair is significant for a number of reasons including: 1. It reiterates the importance of ensuring that the strict notice provisions, in terms of dispute notes, be followed. Had Ross-Clair provided its detailed report for extras within 30 days of completion, the court might have required the Engineer to rule on whether or not these extra costs were legitimate; 2. It confirms that one-liner, ed notices of dispute are often not good enough. Rather, contractors must, and can be expected to, take care to alert the owner as to when extra costs have been incurred as well as to provide the owner with meaningful information as to what these extra costs consist of. For example, if a contract states that extras will be paid on a costplus basis, it may not be enough for a contractor to say it is been delayed and it has suffered a certain amount of damages. Rather, detailed breakdowns of labour and material costs, as well as a specific explanation as to why these costs were incurred, should be provided in the initial dispute note; and 3. It highlights the importance, particularly for an owner, of having a diligent engineer on site. Had the Engineer not told Ross-Clair that it needed more details to process its claim, the court may have had more sympathy for Ross-Clair s plight. Ultimately, Ross-Clair serves as a reminder to contractors that they need to take care in completing notices of dispute, and also reminds engineers and project managers that they can demand information that they need to fairly evaluate requests for additional payment both in terms of whether or not the extras are legitimate and what the cost of the extras might be. Page 5 of 13

6 Principles of Construction Documentation Course CSC SASKATOON CHAPTER IS PLEASED TO OFFER THIS FALL: PRINCIPLES OF CONSTRUCTION DOCUMENTATION COURSE Beginning: Cost: September 12 th, 2016 (11 Weekly Sessions) CSC Members $550 + gst Non Members $650 + gst To Register Contact: Jenny Dergousoff, A. Sc. T. (306) or jenny.dergousoff@stantec.com The PCD course has been updated and this will be the first time that the Saskatoon Chapter is offering this new material! The PCD course is an introductory course that will enable the student to have a better understanding of construction documentation (specifications, drawings and schedules), products, bidding procedures and contracts. It is also precursor to all the other CSC education courses. The PCD course is a prerequisite for the Certified Technical Representative (CTR) and the Certified Construction Contract Administrator (CCCA) designations from CSC. The course is designed for individuals involved in the construction industry, who at any point in their career are required to produce, read, supply products for, or rely on, the project manual/specification. In other words, it is designed for anyone in construction, whether they work as a designer, consultant, contractor or supplier. Page 6 of 13

7 CSC Saskatoon Golf Day Page 7 of 13

8 CSC Annual Mixer We are pleased to welcome Members and Non-members to a casual evening of networking with Friends, Co-workers, and Industry Specialists! Wednesday May 11, pm - 8pm The Brasserie 226 2nd Avenue S., Saskatoon, SK Watch for further announcements! Page 8 of 13

9 Membership In CSC 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. 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. For More Information on Membership: Contact any member of the Executive Attend one of our meetings Visit the association website at Visit our chapter website at saskatoon. Page 9 of 13

10 Advertising 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 Page 10 of 13

11 CSC Saskatoon Chapter Nominations and Elections The Saskatoon Chapter presents the slate of officers positions for election for the 2016/2017 Saskatoon Chapter Executive, in accordance with the bylaws of Construction Specifications Canada. We invite you to make nominations using the form below. Be sure to have your nominee s signed consent and proper number of nominations for each office. Fax/ nominations to: Brent Fraser fax: bfraser@henrydowning.ca Nomination Form Saskatoon Chapter Officer Positions: Chapter Chair Chapter Vice-Chair Specifications Officer Architectural Officer Engineering Officer Facility Manager Officer Interiors Officer Trade Contractor Officer Manufacturer/Supplier Officer General Contractor Officer Name of Nominee: Nominators (three nominators are required for each position - they must be CSC members) 1. Name (print and sign): 2. Name (print and sign): 3. Name (print and sign): I agree to serve in this office if elected Nominee Signature: Date: Nomination forms must be returned no later than April 27th Page 11 of 13

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