CONSTRUCTION BUSINESS | September/October 2019 Vol.16 No.4

September/October 2019 Vol. 16 No.4

PM 40063056

Sustainable Energy and Environmental Engineering Building Caroline Andrewes, ACEC-BC CEO | Open Shop | Wood | Training

Inside 06 Connections As the new president and CEO of ACEC-BC, Caroline Andrewes is passionate about supporting members’ needs and protecting the public interest.

September/October 2019 | Volume 16 No 4

PUBLISHER

MANAGING Editor Contributing writers

10 Feature Project The Sustainable Energy and Environmental Engineering Building is a stunning new addition to the Simon Fraser University campus.

The effort by Bird Construction to deliver the fast-track project reflects the company’s expertise.

B.C./ALBERTA SALES

Industry Focus

Dan Gnocato dang@mediaedge.ca Cheryl Mah Adrienne Atherton Jordan Bateman Keith Calder Bill Ferrira Chris Gardner Shelley Gray Kathy Kimpton Martin Nielsen David Volk Hardy Wentzel Dan Gnocato Tel: 604.549.4521 ext. 223

PUBLISHED BY

14 Open Shop Challenging Project Labour Agreements Open Shop Drives Trades Training Connecting Workers

19 Wood Modernizing Building Regulations Tall Wood Buildings Gain Momentum The Mass Timber Advantage

23 Training Championing Women in Construction Inclusion is Everyone’s Business Labour Recruitment Critical

Departments 04 Message from the Editor 28 The Legal File Minimizing Construction Disputes Enforceability of Liquidated Damages

30 Industry News

PRESIDENT Kevin Brown vancouver office 2221 Hartley Ave. Coquitlam, B.C. V3K 6W9 Tel: 604.549.4521 Fax: 604.549.4522 Toronto office 1000-5255 Yonge St. Toronto, ON M2N 6P4 Tel: 416.512.8186 Fax: 416.512.8344 Copyright 2019 Canada Post Canadian publications mail sales publication agreement no. 40063056 — ISSN 1710-0380 Return all undeliverable Canadian addresses to: Suite 1000 — 5255 Yonge Street, Toronto, Ontario, M2N 6P4

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Cover Photo The Sustainable Energy and Environmental Engineering Building.

Photo by Ema Peter February 12 & 13, 2020 Construction Business is British Columbia and Alberta’s construction magazine. Each issue provides timely and pertinent information to contractors, architects, developers, consulting engineers, and municipal governments throughout both provinces. Complimentary copies are sent bi-monthly to all members of the Architectural Institute of B.C., B.C. Construction Association, B.C. Roadbuilders and Heavy Construction Association, Consulting Engineers of B.C., Construction Specifications Canada — B.C. Chapter, Greater Vancouver Home Builders’ Association, B.C. Ready-Mixed Concrete Association, Independent Contractors and Businesses Association of B.C., Urban Development Institute of B.C. and Vancouver Regional Construction Association.

November 6 & 7, 2019

Editor’s Note

Sad News

A

ugust ended with the sad news that former JOC publisher, Brian Martin had passed away. I began my construction writing career with him as the publisher. Although he retired shortly after I started, he remained active in the industry, especially with the Vancouver Regional Construction Association (VRCA). He was a VRCA Life Member and a founder of the VRCA Awards of Excellence.

When I moved on to become editor here, he was a regular contact for articles and I enjoyed catching up with him at industry events. As a long time voice and advocate for construction, Brian will be missed by the many who knew him. (His service details can be found in our news section).

A new advocate for consulting engineers is in our profile spotlight. ACEC-BC CEO and president Caroline Andrewes, who took over from Keith Sashaw in January, is excited about tackling issues and ensuring members’ needs are met.

For our project, we look at the stunning Sustainable Energy and Environmental Engineering Building. The challenging project for SFU earned Bird Construction and several subtrades 2019 VRCA Silver Awards.

Also inside this issue, we have our annual open shop feature along with a focus on wood and training. Breaking down barriers, creating diverse and inclusive workplaces and retention of employees are all part of the ongoing conversation about the skills labour shortage in

construction. Industry experts share insights on how construction demand is expected to grow faster than the labour force; initiatives to encourage women in the trades; and the importance of mentoring.

Cheryl Mah Managing Editor

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Protecting

Public Interest

By Cheryl Mah

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September/October 2019

Telling stories about the people in consulting engineering is one of the goals for Caroline Andrewes, the new CEO and president of the Association of Consulting Engineering Companies British Columbia (ACEC-BC) “We have a real opportunity to focus more on telling stories of our members and putting a face to the industry to help raise awareness of how we contribute to the lives of British Columbians,” says Andrewes, who took over from Keith Sashaw in January.

Sashaw retired after six years at the helm of ACEC-BC, the provincial association representing 85 consulting engineering firms that provide engineering, designing and other technologybased services to the public and private sectors.

Andrewes is not a stranger to associations. She has been active in the regulation of professional engineers and geoscientists since 2006 when she first volunteered with Engineers and Geoscientists British Columbia (EGBC). She was elected president of EGBC in 2017 and currently serves as past president.

“My first volunteer role was with the association’s Division for the Advancement of Women in Engineering and Geoscience. It’s something I’m passionate about and wanted to support,” says Andrewes, who also worked on other committees and served as a member of council for two terms. “I’m also passionate about regulation of professionals — it’s critical for the protection of the public.”

As a professional engineer, Andrewes has worked in British Columbia for the past 20 years in multi-national, high-tech companies, gaining experience in engineering, finance, supply chain and risk management. She is also a Chartered Professional Accountant.

The Ontario native says that engineering was not a natural first choice, recalling how she was encouraged by teachers to pursue a career in the technical field but struggled in the early years of university.

She persevered and excelled, receiving her Bachelor of Engineering Science in materials engineering from the University of Western Ontario in 1998. After graduation, she worked briefly in the steel industry before moving to B.C. in 2000 where she joined Ballard Power Systems.

She worked at Ballard in various positions for 11 years, followed by a role as director of risk management at Creation Technologies for almost six years. In 2017, she started her own consultant company and also joined a high-tech start up where she is helping to work on a clean energy technology development program.

“Serving as EGBC president is a very demanding volunteer role so I was able to balance that by working for myself,” notes Andrewes.

When the opportunity at ACEC-BC came up, she was excited about the possibilities.

“I was familiar with ACEC primarily through my work with the EGBC council and I’d worked with a number of ACEC chairs so I felt a level of comfort going in,” she says. “The opportunity to do more advocacy work and support industry growth was appealing.”

Since assuming her new role, Andrewes has had to hit the ground running. The first half of the year is the association’s busiest period, hosting a transportation conference, awards gala and annual general meeting.

“It was more chaotic than expected,” say Andrewes, adding at the same time the office staff of four was experiencing a turnover. “My capacity was stretched to attend these events and I’m also still completing my time as past president. I had to focus on supporting the team and getting through that very intense period.”

Now with some breathing room, Andrewes wants to look at how the association can improve communication (eg website, social media) and engagement with members, stakeholders, government and the public.

“We want elected officials to understand the value we provide, how complex the work is that we do, how we can protect public interest and build the infrastructure to allow our economy to thrive and grow,” she says. “The provincial government cannot function without consulting engi8

construction business

neering. Every government infrastructure project involves consulting engineering companies.”

A significant amount of time is spent interacting with the different levels of government to address issues affecting the profession. In particular, the allocation of risk and fair procurement practices.

The internationally recognized best practice for the procurement of professional engineering services is commonly known as Qualifications Based Selection (QBS). Encouraging QBS in the selection process has been a consistent message from the profession, according to Andrewes.

“Basing decisions on price undermines the professionalism and experience required to do these often large and complex projects,” she says. “High risk contract language is also a concern so that is one of the areas we will continue to address.”

ACEC-BC is keeping a close eye on the outcome of professional reliance reform in B.C. An aging workforce and a robust construction market mean attracting and retaining people in the profession is critical. Andrewes says while schools have increased the number of engineering graduates, there is a shortage of experienced professionals (with 10-20 years of experience) which makes delivering on projects increasingly challenging.

“We can’t do consulting engineering with inexperienced practitioners,” she says. “Add to that the high cost of living here and the increase cost of operations — it puts members in a position where they can’t be competitive on wages and attract people to the industry.”

Andrewes is a strong supporter of diversity in the workplace and wants to explore what tools and resources the association can offer members

September/October 2019

wanting to hire a diverse and inclusive workforce.

She has participated in several initiatives including advancing women in engineering technology and introducing young people with mobility challenges to technology. She is especially proud of her involvement at EGBC on advancing the engagement of the Indigenous population.

“I didn’t have that mentoring when I was a young person. I understand what that absence of a role model feels like so that’s part of my motivation for giving back,” she says.

ACEC-BC is also keeping a close eye on the outcome of professional reliance reform in B.C. A review of regulated professions in resource development led to the Professional Governance Act being passed in the B.C. legislature in late 2018. The new legislation repealed and replaced the statutory law of five natural resource regulators including EGBC. A new Office of Professional Regulation and Oversight has been established with a superintendent recently hired to oversee the five professions.

“We’re in a period of uncertainty around regulation,” notes Andrewes. “We have a new superintendent and I understand he’s about to release a timeline around when changes will occur.”

The proposed changes would impact all members, not just those who work in the natural resource sector. ACEC-BC member companies employ more than 9,000 people in all of the five professions.

Andrewes notes that smaller firms in particular have concerns about the administrative and corporate costs associated with the new regulatory framework. Other concerns include a timeline that is fair and reasonable for implementation of the Act, and that there is a level playing field to ensure a competitive environment.

Members compete with companies that work outside of B.C. and regulations should apply to all firms alike, says Andrewes.

“We will continue to work with and support the regulator on what happens next — what are the details, how will this impact members and ensure the regulations best protect public interest,” she says.

photo credit: Wendy D

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Feature Project

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September/October 2019

Feature Project

Fast Tracking Success

By Cheryl Mah | Photography by Ema Peter

With its distinctive facade of precast concrete panels and reflective glass, Simon Fraser University’s (SFU) new high-tech Surrey Campus building is turning heads.

Located adjacent to the current SFU campus at Surrey’s Central City Mall complex, the Sustainable Energy and Environmental Engineering program (SE3P) building is the first phase of a three-part expansion for the university in the city.

The sustainable energy engineering programming, Western Canada’s first, offers an interdisciplinary approach to energy engineering by integrating science, environmental and business courses. The programs will prepare students to work in clean technology sectors.

The 220,000 square foot, cast-in-place concrete building includes underground parking and features modern wet and dry teaching labs, classrooms, study spaces, faculty offices, meeting rooms, a central atrium space and a 400-seat lecture hall to serve SFU as well as the broader Surrey community.

Bird Construction broke ground on the 30 month project in September 2016 with substantial completion on March 13, 2019. At peak of construction, 300 workers were on site.

To meet the schedule, budget and quality of the project, it required very careful planning and a highly strategic approach. The fast-track schedule was the single biggest challenge, according to Bird Construction project manager Sean Gribben.

“We knew the challenge going in. We had to meet certain milestone dates. We hit the ground running and we didn’t take our foot off the gas,” he says.

The project was made possible with partial funding through the federal government’s PostSecondary Institutions Strategic Investment Fund (SIF) and matched by the Province of Brit-

ish Columbia. The $90 million in government funding had a hard April 2018 deadline for interior and exterior components, creating a variety of logistical and physical challenges.

The project was definitely not your typical build out, requiring extensive coordination and cooperation among the team members which included more than 70 sub-trades.

“We were doing construction backwards.

Typically you don’t do finishes until you do your envelope. Typically you have the design before you build... so definitely one of our most challenging projects,” says Gribben, adding that nine different tender packages were issued to help keep construction on track with the fluid design.

The accelerated speed needed to carry out the building’s construction meant interior work had to proceed while the building exterior was also being completed. A temporary roof system and a hoarding system were installed to facilitate the unusual construction process.

“We had a hoarding wall system constructed around the perimeter of the building, 10 feet in from the envelope to allow crews to work,” says Gribben. “This was all done throughout the winter as well so if you can imagine — snow, driving rain — and we’re doing all these interior finishes with no envelope.”

The tight site required just in time deliveries with all trades working together to manage materials and laydown areas. Construction of a neighbouring highrise (eight inches away) was also a major challenge.

“Coordination between us and the new highrise next door was difficult and extremely challenging,” notes Gribben. “We shared one ramp going into the parkade, and our tower cranes overlapped one another so there were lots of logistical and safety issues.”

September/October 2019

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Feature Project

Designed by Revery Architecture (formerly Bing Thom Architects), the building features an eye-catching facade composed of white precast concrete sandwich panels and reflective glazing.

The 330 custom panels were supplied by Surespan Structures. Gribben explains that the precast cladding involved importing white cement powder from Mexico and white sand from Ontario.

The panels were cast using several specialty liners that follow the lines of the panel, creating a wave pattern. Surespan Construction installed the panels on the building using multiple cranes as panels had to be rotated on site prior to being hung from the building.

“It’s not one-of-a-kind, but the system itself is quite unique,” says Gribben.

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Utilizing prefabricated components such as the precast concrete elements for the facade enabled the building to be closed quickly to meet the tight construction schedule.

Inspiration for the facade was drawn from the geometric pattern of electrical circuit boards which reflect the subject matter being taught, according to Revery design principal Venelin Kokalov.

“The reflective glass also catches the blue sky and the concrete looks like clouds,” he says.

Kokalov also cited the schedule as the main challenge, explaining the design team was divided into three groups to manage approvals and permits; design and documentation; construction and administration. “No time to make mistakes. Everyone had to have common goal and support each other.”

September/October 2019

Spanning five-storeys, the building program is organized around the light filled atrium with its sweeping staircase and live trees at varying levels.

The material palette is minimal with the focus on the people to provide colour and animation.

“Our design always starts with people — the main focus is the people. Improving quality of life for students was key,” explains Kokalov. “In this case, we wanted to create this park in the middle [of the building] where students can socialize, interact and come together. It wasn’t originally part of the program.”

He adds nature and transparency was important with glazing used at the building’s ground plane to extend the outdoor landscape into the interior public space.

Targeting LEED Gold certification, SE3P is tied into the city’s district energy system. Other efficient mechanical systems include a heat recovery chiller and displacement ventilation. The atrium is designed as a large return air plenum, notes Kokalov.

The building design and construction achievements have not gone unnoticed, earning a Canadian Precast Concrete Architectural Recognition Award and most recently several 2019 VRCA Silver Awards of Excellence. Bird along with several subcontractors will see if they will earn VRCA Gold Awards at the October gala.

“Everyone was under the gun. Everyone had to really work together to ensure we met the target goals,” says Gribben. “Now there’s an outstanding building for the students and the community. Bird is very proud of this project and the effort put in by our subs.”

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Inspections are in place to protect your crane by catching damage and defects before they affect its operation.

Completing accurate inspections also protects the operator. Thorough and accurate inspections reflect well on you. If an accident does occur, a well-documented history of inspections will likely work in your favour.

HOW YOU INSPECT IS JUST AS IMPORTANT AS WHAT YOU INSPECT. Your mindset matters. Crane inspections are regulation to keep people (and buildings) safe.

Having the right knowledge and attitude is fundamental, so follow these guidelines to make sure you are consistently performing inspections that make a difference.

Know your requirements.

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• Manufacturer: These can be found in your crane’s manual and are mandatory to follow or else your warranty can be voided. They will vary from crane to crane.

• Your site: The company you are working for may have its own set of rules to follow on top of the other two. For example, they may require your crane to be inspected anytime you leave and come back to it, such as after breaks.

Keep your documentation close It’s a basic practice, but it’s worth repeating.

Always keep your documentation in or with the crane it pertains to.

Losing that documentation is like losing someone’s medical history. If something breaks, any troubleshooting or diagnoses would have to be done blind, with no knowledge of the crane’s most recent repairs and problems.

Err on the side of caution It’s better to be safe than sorry. If anything about the crane’s functions appears questionable, mark the crane out of service until a professional deems it good for service.

Even if nothing needs to be done immediately, whatever oddity you’ve noticed may require monitoring until the crane’s next servicing.

No pencil pushing If you work with the same piece of equipment all day, every day, it’s easy to get complacent in your inspections. But pencil pushing your way through your inspection puts everyone on your site in danger. Be thorough, be alert, and…

Take your time Crane inspection times can vary depending on the type of crane your working with and how familiar you are with it.

A good rule of thumb is to show up half an hour before your first lift of the day. This gives you plenty of time to do a thorough inspection, run your tilt test, and make any necessary adjustments.

Use common sense Just because something isn’t on the inspection list doesn’t mean that it can’t cause a problem.

Use your common sense when completing your checks for anything that doesn’t look right.

Following these rules won’t just step up your inspections. It will also increase the quality of your work and the safety of your jobsite. By catching problems early on, you can protect yourself and your crew from easily preventable accidents.

Open Shop

Challenging Project Labour Agreements

By Chris Gardner

N

DP politicians and trade unions in B.C. are working with fervor to push their “miracle cure” for what they believe ails construction: Project Labour Agreements (PLAs).

But PLAs only do three things: cost taxpayers more money, rip away workers’ right to choose how they organize themselves, and discriminate against the 85 per cent of construction workers who are not part of these chosen unions.

In 2018, the NDP government announced it would create a new crown corporation to employ all construction workers building the new Pattullo Bridge, the Broadway subway, and expanding Highway 1 east of Kamloops. These workers will be forced by government to join one of the 19 building trades unions that have a monopoly over these projects.

Gone will be workers’ existing pay, bonus and profit-sharing plans and their existing union or employee association affiliations. Instead they will be forced into new agreements and a requirement to pay union dues, fees and pension contributions, a good portion of which workers will never recoup.

This deal with the unions, which have given the NDP millions in campaign donations, was cynically branded by the government as “Community Benefit Agreements.” But the only benefits that flow will be those flowing into the coffers of these favoured unions.

Why is the government forcing thousands of construction workers to be hired by a new government corporation when these workers are already employed by private companies? To what end is the government forcing all of these workers to join one of just 19 selected unions?

Will more workers be trained? No. Will more young people, women or Indigenous workers be hired on these projects? No. Will workers be paid more? No. Earlier this year, two NDP cabinet ministers, a host of “Big Labour” organizers and a parade of American “experts” were at a Vancouver five-star hotel, trying to justify this flawed model to British Columbians.

A speaker from Seattle’s Puget Sound Transit was hired to talk about these unfair hiring practices. What he didn’t admit is that Sound Transit’s own evaluation of this model includes a litany of complaints from sub-contractors: “The majority of subcontractors… who have gone through this process have said they would not do it again.” Added one sub-contractor: “[This was] absolutely a miserable experience.”

B.C. companies know this feeling all-too-well.

In the 1990s, the NDP government of the day forced a PLA on the Island Highway project. It was confusing and ran wildly over budget.

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Today, in one of the busiest construction markets ever, the NDP government has inexplicably decided to exclude 85 per cent of the construction workforce to favour the small percentage who are unionized.

Fewer companies will bid on this work and this lack of competition will drive up prices and limit innovation and take away worker choice.

Indeed, the early returns on the NDP’s new round of PLAs show just how ugly this will become for taxpayers.

The NDP government’s first construction contract under their union monopoly deal will cost taxpayers at least $22.5 million more than expected. The Illecillewaet project near Revelstoke, which will widen Highway 1 to four lanes for two kilometres, was awarded to a building trades union-organized company for $85.2 million — $22.5 million more than originally budgeted.

It’s no surprise. There were far fewer bidders than expected as many roadbuilding companies are avoiding the NDP’s forced union model.

The same is about to repeat itself with the massive Pattullo and subway projects. At press time, both of those projects are down to just two bidders apiece, limiting the value taxpayers could extract through an aggressive, wide-open competition.

Even the NDP government admits their model will cost taxpayers more. Transportation Minister Claire Trevena said it would add at least $100 million on the Pattullo Bridge project. She is grossly underestimating the costs: the American experience shows PLAs drive up construction costs by 12 to 18 per cent, say researchers at Suffolk University — that’s a quarter billion dollars unnecessarily spent.

September/October 2019

Chris Gardner speaking on PLAs at an ICBA meeting in Victoria.

That $250 million would make a nice down payment on a replacement for the 60-year-old Massey Tunnel, or a new hospital for Surrey — but instead, it will vanish into thin air because of outdated labour procurement practices.

This is just one of the reasons why the Independent Contractors and Businesses Association, several other construction associations, Canadian Federation of Independent Business, the BC Chamber of Commerce, two progressive unions, and several open shop companies and workers have taken the NDP government to court over PLAs. The NDP government had sought to move the issue down to the Labour Relations Board (LRB), which they appoint. But Justice Christopher Giaschi ruled in July that ICBA’s challenge to the exercise of a statutory power (government policy) imposing a building trades union-only requirement on public infrastructure projects, should be heard by the court, not the LRB. It’s a win — but just the first step in what we expect to be a long process.

ICBA is now full-speed ahead on its legal challenge of this unfair, regressive, union-only monopoly. We look forward to making our case this fall.

The choice of which union to join, if any, should be made by the workers through a secret ballot, and should not be forced by government.

When that right is stripped away, as the NDP are doing, it hurts the worker — and the taxpayer employing them.

Chris Gardner is president of the Independent Contractors and Businesses Association.

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Open Shop

Open Shop Drives Trades Training

By Jordan Bateman

I

t’s a staggering statistic. In British Columbia, open shop companies — those tens of thousands of businesses not affiliated with any union — sponsor more than 81 per cent of all trades apprentices, according to statistics from the B.C. Government’s Industry Training Authority (ITA).

It’s open shop companies, not unions, who are doing the bulk of the training and apprenticeships, despite what the building trades unions have falsely claimed for years.

“The idea that trades unions play a unique or dominant role in training construction workers has been exposed as a complete myth,” says Chris Gardner, president of the Independent Contractors and Businesses Association (ICBA) — the single-largest sponsor of trades apprentices in B.C. “The open shop is leading the way.”

The ITA reports that 23,172 of B.C.’s 28,432 trades apprentices are affiliated directly with open shop companies or ICBA. In fact, in 16 specific trades, the unions don’t have a single apprentice registered: • Domestic/Commercial Gasfitter (Class B) • Electric Motor System Technician (Winder Electrician) • Gasfitter (Class A) • Industrial Instrument Mechanic • Machinist

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In four core trades, open shop fares nearly as well. More than 96 per cent of all welder apprentices in B.C. are open shop. For plumbers, it’s 87 per cent open shop; carpenters 85 per cent open shop; and electricians, 83 per cent open shop.

“These strong open shop numbers reflect how the construction industry has evolved over the past 40 years,” says Gardner. “While the building trades unions reigned supreme in the early 1980s, they have been bleeding projects and talent ever since. Now it’s the open shop that has the overwhelming majority of the work and the apprentices. The free market has spoken, and we are simply doing a far better job recruiting, training and employing workers than the traditional unions.”

Several factors have created the open shop’s apprenticeship success story. First, open shop offers

September/October 2019

far more flexibility to workers than unions bound by every letter of their collective bargaining agreement. Millennials value flexibility, and open shop companies can respond to that value by offering better hours, more overtime, and better pay and opportunities for top performers.

“Construction is a lot like sports — the best players get the most ice time and the highest salaries,” says Gardner. “While unions blindly reward seniority, open shop rewards talent and output — no matter the age or experience of the worker.

Millennial workers don’t want to be paid less than someone simply because they were hired later; they want to be compensated based on their skill and effort. Open shop does that.”

Open shop apprenticeship also offers new workers the opportunity to learn more diverse skills. While union apprentice programs limit the intake of apprentices with restrictive caps on the number that can be trained at any given workplace and refuses to allow them to learn other aspects of the construction business, open shop generally encourages more cross-trade teamwork, giving apprentices the chance to gain broader experience.

This makes for well-rounded workers who better understand all aspects of a construction site.

Profit-sharing is another major draw to the open shop system. Where union workers are locked into their agreements, open shop em-

Open Shop

ployers often offer profit-sharing and bonus pools to their workers, based on the success of the company. This gives every worker a stake in the company’s efforts.

Apprentices who complete their certifications find far more opportunities in the open shop sector. It’s simple math: 85 per cent of the construction work in B.C. is done by open shop companies, so projects abound.

ICBA member companies (all open shop) directly sponsor thousands of apprentices, while ICBA itself has nearly 1,200 at the moment. Earlier this year, the building trades unions tried to downplay ICBA’s number of apprentices by cherry-picking a stat claiming that “there are more than 1,300 registered apprentices in just two of our union trade schools alone: the Electrical Joint Training Committee and the Piping Industry College.”

But the ITA’s numbers show that ICBA

Apprentices who complete their certifications find far more opportunities in the open shop sector. and non-union companies have thousands more apprentices in those trades. Combined, ICBA and non-union companies sponsor 10,329 construction and industrial electrician, plumber, sprinkler fitter, steamfitter-pipefitter and welder apprentices. The unions train 2,073. That’s a margin of 5 to 1 for the open shop.

The lack of work has become so grim for unions in B.C. that they now actively encourage their apprentices to move overseas.

At a time of near full employment in B.C., where industries are fighting with each other tooth and nail for new workers, the unions are touting programs to send their plumbing and electrician apprentices to New Zealand.

“The same unions which claim B.C. has a huge worker shortage, and which constantly fear-monger about foreign workers taking jobs from British Columbians, is now shipping B.C. trained plumbers and electricians halfway around the world,” says Gardner.

“It’s a quiet admission that the building trades unions don’t have enough work for the few people they are training. That’s not surprising when you understand basic economic principles: the market is speaking, and it doesn’t want to do business with inflexible, out-of-touch union bosses.”

projects with purpose.

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Protect your workers from silica dust exposure Silica can be found in many types of building materials and repeated exposures can cause serious lung diseases.

Find resources at worksafebc.com/silica.

Jordan Bateman is vice president, communications for the Independent Contractors and Businesses Association.

September/October 2019

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Open Shop

Connecting Workers

The Construction Industry Training Network offers various services.

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ecruitment and training programs for the construction industry have come a long way. While traditional apprenticeship and occupational health and safety certifications are still a vital piece, soft skills, advanced technical training and leadership development are just as important.

Knowing how to find all of these resources is the tricky part. The Construction Industry Training Network (CITN) and its partners have come together to help with this.

CITN connects both new and experienced workers and contractors to the myriad of recruitment and training programs offered by both its members and external partners.

The CITN, a not-for-profit collaboration between contractors, associations, progressive unions, and training providers, offers services and support BIV_Quarter-page-2018.pdf

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to contractors and workers. It is the central hub for anyone looking to get connected to the construction industry in Western Canada. The CITN is involved with more than 85 per cent of the construction projects in B.C., and the collective group provides the most construction trade apprenticeships, and employs and trains the vast majority of the workforce in the province.

“The truth is, there is no ‘one group’ responsible for recruiting and training in the construction industry,” says Todd Cumiskey, the current chair of the CITN. “There are a bunch of organizations doing great work and we’ve come together under the CITN to collaborate on recruitment and training and share our collective knowledge to the betterment of the industry as a whole.”

While the CITN does offer services including high quality training through its network of training providers, apprenticeship support, career development and an employment network that connects both new and experienced workers to jobs, the organization is not a new competitor to already existing services. Instead, CITN is predominately an aggregator of the existing resources and services that its member network currently provides.

One call to CITN will get people going in the right direction. Looking to start an apprenticeship, or are you a current apprentice looking to work on your next big project? CITN’s partner, the Independent Contractors and Businesses Association (ICBA), is the single largest sponsor of apprentices in B.C., and the CITN can connect people with their apprenticeship team.

And the network keeps growing. CITN and the Kitimat Valley Institute (KVI) have recently partnered. Starting in September, CITN will provide courses such as Time Management, Effective Conflict Resolution, and Cannabis in the Workplace, among other workshops. These training sessions will offer the community the chance to upgrade their skills and help them take advantage of the opportunities coming up in the region. More courses are planned for 2020.

“We are looking forward to growing our relationship with KVI,” says CITN training coordinator Kerry Vital. “KVI is a well-respected part of the community and their dedication to education and training is wellmatched with CITN. We will be working with them every step of the way.”

The BC Road Builders and Heavy Construction Association is another association that sees the benefits of partnering with the CITN. Road Builders president Kelly Scott is a founding member of CITN and serves as a board member helping to guide the organization. Road Builders members have access to the CITN’s training team and a dedicated course calendar focusing on courses for the roadbuilding and heavy construction industry. Private training sessions tailored specifically to a company’s needs are also available for members.

“We can organize any course, anywhere in Western Canada,” says Vital. “We want to ensure that workers in the Canadian construction industry receive the education they need to progress in their career, whether they work for a small or a large company. Need a course delivered right on the job site? We’ll bring the training provider to you and make sure the training suits your schedule.”

CITN is also making it easier for groups that work with youth, new immigrants and traditionally under-represented groups to connect with the construction industry.

“The construction industry should be a first choice for people as a career, not the last option,” says Vital. “Our network is engaged with high school career counsellors, Indigenous groups, immigrant services societies and other organizations that provide youth, new immigrants and anyone who has struggled with employment in the past with services and support.

We want to promote trades as a career and as a valuable pathway to employment. If you are looking to get plugged into the construction industry and unsure of how to do it, we are a great first phone call.”

To learn more about the CITN, visit www.trainingnetwork.ca or email info@trainingnetwork.ca.

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September/October 2019

Wood

Modernizing Building Regulations A material agnostic performance-based framework

By Keith Calder

E

fforts to expand the use of wood in construction have been increasing over the past 10 years in Canada and new technologies and expanding science has motivated significant changes to our building codes.

These changes included six-storey midrise buildings using wood-framed construction, and up to 12-storey buildings of encapsulated mass timber construction (EMTC).

Comprehensive testing, advancements in material performance, research into burning characteristics, and enhanced market availability have all aligned to facilitate these changes. Many technical challenges were addressed to demonstrate the appropriate and safe use of wood, where other more traditional materials had been required. One of the more significant challenges was updating the legacy fire safety requirements.

In Canada, the type of construction required for a building is dichotomized into “combustible” or “noncombustible,” with the subjective assumption that a “combustible” building is at greater risk of significant fire spread, and therefore is limited in height and area. The regulatory changes to allow wood midrise and EMTC buildings have primarily been made within the existing framework of the code and based upon principles implicit to that framework. However, it can be rationalized that the most recent set of changes to allow up to 12-storey EMTC buildings has reached the practical limits of the existing framework, and further significant changes to allow broader use of all materials will require reconsideration of that building code’s underlying principles.

The building code is structured in a prescriptive framework, which is a set of imperative directives to control building design and limit the occurrence of undesirable events. For example, the 2015 National Building Code of Canada (2015 NBCC) requires that any building over six storeys be constructed of noncombustible construction. The code does not explicitly identify the reason for this limit which is problematic where industry seeks to reconsider those limits. While the ultimate height limit is being reconsidered relative to proposed EMTC construction for the 2020 NBCC, the changes have been rationalized based on the principles underlying the current framework of the code.

The framework leading to the existing type of construction/building size limits was established more than 100 years ago, intended to reduce the probability of conflagration, and is based on principles and derived from capabilities, materials and methods of that time.

Combustible contents and combustible building structure were considered key risk factors associated with fire spread and conflagrations at that time. A fuel load concept was developed

by Ingberg [1] correlating combustible loads of standard occupancies with burn-out times and corresponding fire-resistance ratings. Combustible structure was considered to be additional to the contents. The result was the development of passive containment (fire separations) with sufficient performance (fire-resistance) to allow burn-out and thus limit fire spread.

At the time of development of the fire load concept, there were no wood-based assemblies that were considered to allow for burn-out without participating in the fire [2], and therefore only noncombustible based assemblies were deemed sufficient. Buildings of combustible construction were limited in size, with the intent to facilitate access and suppression by the fire department through an external attack, assuming the building becomes fully involved in the event of fire. Buildings of noncombustible construction could be of any size, as it was assumed that compartments were constructed to allow burn-out, and would therefore limit fire spread and require limited fire department response, based primarily on the assumption of an internal attack.

The external attack capability of typical citybased fire services of the time was limited to approximately 5/6 storeys and 60 feet in height [3] . The controllable area varied as a function of other measures such as occupancy type, street access and sprinklers, but typically ranged between 5,000 and 20,000 square feet [3]. The area limits have varied since then, but height limits have remained relatively unchanged.

The knowledge of fire science has evolved considerably since that time. Fire service equipment and capabilities have improved, detection and suppression systems have advanced, construction materials and techniques have changed significantly, and public awareness and education regarding fire safety have increased. An understanding of these advances over time sets the stage to reconsider the framework of the existing limits and the principles upon which they were founded, and facilitate the development of a modernized performance-based approach

to limit the risk of fire spread. This type of approach is goal oriented and material agnostic which, in-turn, facilitates innovation.

The proposed new EMTC changes to the code have moved the dial in the direction of performance by recognizing more current protective measures for wood construction (encapsulation). The following are recommended next steps in the development of a full performance-based framework: • Identification of the common modes of fire spread (unacceptable risk) in buildings of all types of construction [4].

• Correlate and update known protective measures (i.e., current fire service capability and sprinkler protection) more directly with reduction in the probability of fire spread.

• Develop additional protective measures and methods to limit the contribution of construction materials to the growth and spread of fire (i.e. encapsulation).

• Identify tolerable levels of risk and develop methods to quantify risk reduction of protective measures to achieve those levels.

• Develop performance targets that relate to the above-noted considerations to reduce the risk of fire spread to a “tolerable” level.

These steps will shift the focus of the code from legacy material specifications to be performance-based in addressing the risk of fire spread, and allow more opportunity for innovation.

Keith Calder, a principal at Calder Fire Inc., has 20 years experience in the application of building codes, fire safety standards, performance-based design and forensic analyses. * footnotes • I ngberg, S.H., “Tests of the Severity of Building Fires”, National Bureau of Standards, Thirty-second Annual Meeting of the National Fire Protection Association, Atlantic City, May 9, 1928.

•N ational Bureau of Standards, “Fire-resistance classifications of building constructions”, U.S. Dept. of Commerce, National Bureau of Standards, 1942.

•K . Calder, P. Senez, “The Historical Development of Building Size Limits in the National Building Code of Canada”, Canadian Wood Council, March 19, 2015 • K. Calder, P. Senez, “The key modes of fire spread in wood-framed apartment buildings – a Canadian perspective”, World Conference in Timber Engineering – 2016

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Wood

Tall Wood Buildings Gain Momentum

By Martin Nielsen

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ood building design and construction is gaining prominence throughout North America and Europe as people are becoming increasingly aware of what can be done with this amazing renewable resource. Advances in materials and technology are now making it possible to execute wood projects on scales that were once the exclusive purview of concrete and steel. Locally, the British Columbia government has shown its support for tall wood construction and amended the building code to allow for wood buildings up to 12 storeys, up from the previous maximum allowable height of six storeys.

Wood industry stats show that tall wood design and construction is gaining momentum. According to Think Wood, an industry advocacy group, more than 44 tall wood buildings are underway or have been built around the world in the past six years. That list includes three prominent Vancouver projects: the 18-storey UBC Brock Commons Tallwood House student residence; the 19-storey Terrace House wood/concrete hybrid residential project; and Dialog’s 2150 Keith Drive, a 10-storey mass timber office building scheduled to start construction in early 2020.

Tall wood buildings are constructed from mass timber, meaning their primary load-bearing structure is made of either solid wood or engineered wood. Engineered wood products typically take the form of cross-laminated timber (CLT), nail- or dowel-laminated timber (NLT or DLT), and glue-laminated timber (glulam);

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most mass timber projects use a combination of different engineered wood products.

There are several benefits to building with mass timber rather than traditional construction materials: a smaller carbon footprint as a renewable building material, as well as wood’s ability to sequester carbon; construction efficiencies, with the ability to pre-fabricate building sections offsite, which in turn means faster construction, fewer construction workers on site, and less construction traffic; a lighter weight structure, which requires less concrete for the foundation and results in lower forces for seismic resistance; proven performance with regards to fire and life safety; and enhanced occupant well-being, thanks to wood’s biophilic effects (the concept of increasing people’s connectivity to the natural world).

The Keith Drive project, which is being developed by BentallGreenOak on behalf of their client is going to showcase the ways in which these benefits — plus others — play out in the real world.

2150 Keith Drive is a 164,000 sq.ft. mass timber office building that will be built in East Vancouver’s False Creek Flats neighbourhood, immediately adjacent to the VCC-Clark SkyTrain station. The building will consist of nine storeys of mass timber over a concrete ground level, with four levels of underground parking.

The project is targeting LEED Gold certification and compliance with the AIA 2030 Challenge for carbon neutral buildings. Engineered wood components on the project will include glulam

September/October 2019

Innovative mass timber buildings like 2150 Keith Dr. will be shaping the residential and commercial building landscape in Vancouver.

beams, columns and braces, with CLT shear walls and floor panels.

The client set the tone for the project early on.

The client is affiliated with a local company that is an industry leader in organic food development, farming innovation, and food production sustainability, and is recognized for its commitment to employee wellbeing. This new wooden office building, built from a local, sustainable resource, is envisioned as an extension of the company’s values and practices.

The design team saw the benefits of using mass timber on this project for the reasons listed above, as well as others that are specific to this project.

Wood would be aesthetically pleasing for building occupants and passersby. A wood building would be lighter than comparable steel and concrete buildings, and better able to withstand seismic activity that can occur in this region.

Wood also has highly functional qualities that come into play with Keith Dr.’s unique exoskeleton. The building’s design utilizes a perimeterbraced glulam structural system with steel connections that creates a striking expression from the exterior, and eliminates the need for conventional cast-in place concrete cores. The structural braces work in conjunction with interior timber shear walls for all levels above the ground floor, to resist the wind and seismic loads. CLT balco-

Wood

nies on the south, west, and east façades between the braces create an elongated hexagonal pattern that is a direct expression of the braced structural system.

Inside the building, the project team worked hard to maximize the inherent qualities of engineered wood building materials to come up with an innovative design that boasts larger floor plates, taller floor-to-floor heights, and greater column spacing than are typically found in these types of buildings. As a result, this project is a significant step forward for mass timber commercial office building design. The exposed wooden structure was also designed in such a way as to meet the twohour fire rating required by the B.C. Building Code — without having to be protected and concealed by fire-rated gypsum (drywall), as is typically the case in tall wood buildings.

The use of mass timber as a primary structural system for Keith Drive has a significantly positive environmental impact. For the 4,755 cubic meters / 167,920 cubic feet of wood products that will be used on the project, 3,677 metric tons of carbon dioxide will be stored in the wood. That is equivalent

2150 Keith Dr. is located at the eastern edge of False Creek Flats, which is becoming a major commercial office hub in Vancouver.

...more than 44 tall wood buildings are underway or have been built around the world... to taking 1,078 cars off the road for a year, or the energy required to operate 539 Canadian homes for a year. Avoided greenhouse gas emissions translate into 1,423 metric tons of carbon dioxide. The fact that B.C. forests grow that amount of wood in 38 minutes further supports the arguments for using wood.

One of the most rewarding elements of this project happened when the City of Vancouver’s Urban Design Panel recognized the numerous benefits of using mass timber on Keith Drive, and commended the team on its approach. The panel unanimously approved the design application, and noted that the project serves as a model for other developments. That bodes well for the future of mass timber and tall wood projects in the city, and will undoubtedly have a noticeable impact on the large-scale commercial and residential building landscape in Vancouver. It will also help move the design and construction industries towards a more environmentally responsible and sustainable paradigm that benefits all of us.

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Martin Nielsen is a principal at Dialog, an integrated design practice with studios in Vancouver, San Fransciso, Edmonton, Calgary and Toronto. He is the principal-in-charge and lead architect on the 2150 Keith Drive project.

September/October 2019

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Wood

The Mass Timber Advantage B.C. leading Canada in wood innovation

By Hardy Wentzel

I

t was only a mere seven years ago that crosslaminated timber (CLT) panels, combined with glulam beams and columns, were first used in North America as a mass timber building system. But despite its relatively recent introduction, it has racked up a well-deserved spotlight in the mainstream construction industry, proving its value as an alternative construction material to concrete and steel that is reliable, sustainable, cost-effective, structurally sound and stunning to look at.

March 2019 marked a promising development in Canada’s mass timber history. During a visit to Structurlam Mass Timber Corporation’s (SMTC) Okanagan Falls plant, British Columbia’s Premier John Horgan made official the highly-anticipated announcement about the change to the province’s building code, increasing the height limit for wood buildings in the province to 12 storeys — up significantly from six storeys. Though still slightly lower than its U.S. counterpart, which by 2021, will allow for wood buildings up to 18 storeys tall, the change has massive implications for the economy, presenting B.C. in a very favourable light.

Opting for a local, homegrown resource Canada has experienced an uptick in demand from developers for more environmentallyfriendly construction materials that do not compromise on design aesthetic or structural longevity — and mass timber checks all of those boxes. With B.C.’s particularly nuanced culture of building with wood, resulting in our high usage of wood per capita in construction applications, it was only a matter of time before B.C. developers would begin seeking and selecting mass timber as their construction material of choice.

By opting for mass timber over concrete or steel, B.C.’s construction industry is making use of a local and abundant B.C. resource to build the residences and commercial structures that Canadians desire and need, while also deriving tremendous value from the expansive wood basket that sits in our very backyard. The robust quality assurance and manufacturing processes that the engineered wood products industry has in place for CLT and glulam mean that our locally-sourced mass timber materials are stringently assessed against various standards — including design property compatibility with building codes, heat and moisture durability, fire performance, and a North American manufacturing standard — that even Europe, with over two decades of mass timber experience, has yet to implement.

Our province’s expertise in building with mass timber is evident. B.C. is home to some of North 22

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America’s most acclaimed mass timber projects in both the residential and commercial spaces, including UBC Brock Commons Tallwood House and Telus Gardens in Vancouver. Outside of B.C., some other Canadian projects our industry has become locally and internationally reputable for include the Fort McMurray International Airport, Banff Recreation Centre, the SAIT Trades and Technology Building and the Shane Homes YMCA at Rocky Ridge.

The variety in building typologies itself is a testament to the versatility of mass timber as a building material, and the value it can bring from both a design and structural performance perspective. These projects are a clear nod to our ability to successfully construct with mass timber, and also serve as a clear indication of the shifting landscape of Canada’s mass timber industry and its transformative potential.

Benefitting B.C.’s overall economy Though not the sole cause, climate change is a more than viable reason for why B.C.’s building code is being updated — the numbers serve as adequate proof of exactly why developers should be selecting, or considering at the very least, mass timber over concrete or steel. Where a wood floor beam requires only 80 megajoules of energy per square meter of floor, steel and concrete need 516MJ and 290MJ, respectively. Adding to its sustainable qualities, mass timber buildings are roughly 25 per cent faster to construct than concrete buildings, requiring 90 per cent less construction traffic and 75 per cent fewer workers on site, and are significantly lighter weight structures compared to concrete and steel.

With B.C.’s building code changes coming a year ahead of expected changes in the national building code — which will go into nationwide effect in 2020, also allowing for the construction of mass timber buildings up to 12 storeys — there’s much to be said about the progressive example that the country’s west coast province is setting, and the backing that Canada’s greater mass timber industry is gaining as a result.

Moving forward with mass timber Our familiarity with building with wood — a competency that has gradually been ingrained in our culture — coupled with our quickly ratified building code and solid manufacturing standards, have supported B.C.’s adoption of mass timber in a number of construction projects today.

With this next step in building codes, we will begin to see more commercial spaces being constructed with the increasingly popular material.

Consider Toronto’s Sidewalk Labs, perhaps the most recent and relevant large-scale mass tim-

September/October 2019

Top: Shane Homes YMCA at Rocky Ridge Alberta.

Middle: Carbo12, Oregon. Bottom: UBC Brock Commons Tallwood House, B.C.

ber project to be announced in Canada — and dubbed as the first ever mass timber neighbourhood in the country. Without a doubt, the sheer scale of the project will have a welcomed ripple effect on our mass timber industry, hopefully encouraging more developers to latch onto this worthwhile trend.

As the construction industry continues to refine its familiarity with mass timber, and undergoes more frequent structural testing, the resulting data and supporting information will continue to champion the mass timber advantage, and why, contrary to the industry’s traditional beliefs, it is a tried and true alternative construction solution.

Hardy Wentzel is the CEO of Structurlam Mass Timber Corporation, a leading mass timber manufacturer that was first to market with CLT in North America. Stucturlam is renowned for its provision of mass timber solutions, including cross laminated timber, glulam beams, and industrial matting.

Training

Championing Women in Construction

by Kathy Kimpton

T

his year, Women Building Futures (WBF) celebrates 20 years of changing the lives of women. Approximately 1,700 women have completed preapprenticeship and life changing training programs with our organization.

WBF started in 1998, as a small group of social workers looking to provide opportunity to underemployed and unemployed women in Edmonton. We started by offering a short introductory training program for women to learn how to use basic tools and prepare for an entrylevel position in the construction. In the early days, we worked hard to build a reputable name in the local industry. Employers were hesitant in expanding their workforce to include women in roles where historically women were not seen.

Over time, employers began to take notice of the level of skill, professionalism and readiness our graduates were coming into the industry with and we continued to build our name.

Fortunately today, addressing labour shortages and building a diverse workforce have become a priority in many industries including construction, as more people move into retirement and the need to expand the talent pool becomes a higher priority. The construction and maintenance industry is anticipating a loss of close to 250,000 skilled workers, 21 per cent of its current labour force, by 2026. Women are the largest untapped labour force in Canada.

There are nearly 7,300,000 women between the ages of 20-49 and if only one per cent of these women had access to training and employment, we would address nearly 28 per cent of the anticipated labour shortage.

Companies understand the positive impact of having women in leadership roles and know women are talented and capable of building a successful career in the trades. These aligned values have positioned WBF well with supporters across sectors and propelled our organization to expand training across Alberta and across industries.

This year, we announced the expansion of our flagship program, Journeywoman Start — with a program in Red Deer starting in January 2020.

We will be announcing other areas in Alberta soon. This expansion will provide further opportunity for women in rural areas, outside of Edmonton, to access our pre-apprenticeship trades program and build careers in the skilled trades. We know raising awareness of trades opportunities plays a major role in getting a woman to explore a career change, which is why we focus our marketing on highlighting our graduates who are working in the trades.

We know women can see themselves in the skilled trades when there is an increase in representation of women in those roles.

As part of our mandate to support a more inclusive workforce and bring more women into the field, we work alongside industry to educate and provide insight to how employers can increase retention and career progression for women. Our Work Proud workshops are being delivered to companies big and small. These partnerships ensure employers who hire our graduates are committed to providing growth and learning opportunities for career development.

To bring awareness to industry and assist in creating more diverse, inclusive worksites for not only women but all workers, WBF planned and hosted a two-day summit in Edmonton in 2018. The summit, Trade Perspectives, focused on how to create and sustain a more diverse and inclusive workforce in the construction and trades industry. Nearly 250 leaders and influencers from across Canada gathered to tackle topics like: how to attract and keep women in the industry, how to manage workplace harassment, how to build sustainable partnerships with indigenous communities, and how leaders can inspire and influence change at all levels.

Many speakers and panelists highlighted the benefits of tapping into a more diverse workforce and stressed the reputational and financial risks of not doing so. Conversations also underlined how it’s not only important to tap a wider talent pool but also to create a success plan to keep those workers engaged and feeling welcome.

The guest attendance of the WBF Summit proved that many companies in the construction and trades industry are ready to move past

conversation and are committed to truly changing the face of industry.

Our graduates are paving the way for women in the skilled trades, transportation and maintenance industries. We have established unique partnerships with post-secondary institutions and our programs provide foundational, introductory training for success in continued learning. For over 20 years, we’ve been transforming the lives of women. Through awareness, training, and opportunity we prepare women for careers leading to economic prosperity. Together with our partners, we champion a more inclusive workforce. When we come together to support women and to change society’s perception of the skilled trades as a first choice option for women, we are building a stronger workforce for all.

At the end of each program, we host a graduation to celebrate the accomplishments of our graduates. During these celebrations, we invite the women to share a few words about their experience, career aspirations, and advice to other women looking to pursue a career in their field.

WBF staff make a special effort to attend these celebrations, as it’s a grounding reminder of the work we do as an organization. Although every one of these graduations highlights the important work our organization does to change the lives of women, there is one memorable quote that stands out: “Since finding WBF, my life has been turned right side up.”

Kathy Kimpton is president and CEO of Women Building Futures. For more info, visit womenbuildingfutures.com

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Training

Inclusion is Everyone’s Business

By Shelley Gray

T

he skilled trades professions in Canada are diverse and plentiful; where high wages and great employment opportunities exist. So why are women still underrepresented in more than 100 skilled trades professions in Canada? While the labour market demand for skilled trades professions continues to grow, the number of women entering skilled trades has not significantly changed in over a decade.

The largest barrier facing tradeswomen is the overall work environment and lack of support for women entering into trades. It’s something that everyone within skilled trades must collectively make an effort to change — from the apprentice to the business owner.

It’s essential to create healthy and supportive workplaces with a sense of community for both men and women. BC Centre for Women in the Trades (BCCWITT), BC Construction Association, and the Canadian Apprenticeship Forum are just a few of the many organizations that the Industry Training Authority (ITA) is working with to support current and future tradeswomen to be successful.

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Initiatives range from urging people to speak up about violence against women to identifying challenges faced by apprentices and proposing solutions. BCCWITT has partnered with Ending Violence Association of BC and the BC Lions to customize the Be More Than a Bystander program for the skilled trades industry. This program provides training to men on how to stand up and speak out against bullying, harassment, and violence. And workplace behaviour training workshops offered through Builders Code and developed in partnership with the BC Construction Association, ITA, WorkSafeBC, and the Minerva Foundation of BC give employers the tools they need to make positive changes in their workplace.

These initiatives are a step in the right direction as they’re taking the onus of creating a healthy work environment off tradeswomen and turning to employers to educate themselves and their teams on how to be more welcoming and inclusive. It’s a work in progress, and tradeswomen are meanwhile working together and chipping away at barriers through mentorship. (Although, for real, lasting change to happen, everyone must be involved).

September/October 2019

ITA manages more than 100 skilled trades programs in B.C., 51 of which are Red Seal. Women are registered in 74 different trades, with 56 per cent (2,082) registered in “underrepresented trades,” which includes all trades except for baking, cooking, hairstyling, and landscape horticulture.

ITA encourages women to enter “underrepresented trades” as these are high-paying careers that enable them to step out of the ‘pink collar’ trades and into well-paid and highly skilled careers.

The adage “if you can see it, you can be it” rings true for women in trades. Although there is an increase of women working in trades, some women may still find themselves to be the only female on a worksite. As more women enter a wider variety of trades, a support system becomes crucial as they pursue their careers.

“Mentorship provides opportunities for women to connect with people who have a shared experience, or to share in their experiences — be it a question about how to do a specific technique or job they haven’t done before or seek support on how to navigate an issue in the workplace,” says Tara Fong, ITA’s manager of Canada Job Fund Programs. “It’s also how

Training

women find out about employers that hire a diverse workforce. It allows women exploring trades or thinking of taking training to ask some questions about the career to a woman currently working in it.”

Many mentorship models exist, whether it’s a networking group on social media, monthly meet ups, or one-to-one mentoring. Through research and feedback from program managers, ITA has learned that women in trades training and/or working as apprentices want to have a flexible mentorship model. The reason being that it enables the creation of mentorship networks that go beyond a specific trade. ITA has found that tradeswomen often take advantage of social media to connect, with Instagram influencers and closed Facebook groups being the most used.

“ITA-funded Women in Trades Training programs have developed mentorship supports that best meet the needs of the women in their regions,” says Fong. “Some have monthly meet ups or periodic social events. Some have mentors visit the exploration and/or technical training programs and share their contact info. Some women are independent in their mentorship connections with organizations like BC Tradeswomen Society, BC Centre for Women in the Trades, and BuildTogetHER.” Kelowna’s Okanagan College has one such program, and Nancy Darling, program admin-

istrator for the college’s women in trades training program, believes mentorship has been an important part of the program’s success.

“Giving participants access to experienced industry mentors as they pursue training and begin their careers in skilled trades has been critical to the long-term success of these women,” says Darling. “The first year on the job can be daunting to women who are new to navigating the cul-

...women in trades training ...want to have a flexible mentorship model. ture and environment in trades. Having industry experienced support just a phone call away has been a confidence-boosting, transformative experience for women.”

The ability to share knowledge and experiences and create friendships within your profession has been shown to have long-lasting positive effects for all people — tradesperson or otherwise.

Mentorship gives the mentee the opportunity to learn how to strategize, mitigate risk, develop their skills, and have doors opened for them with

the support of an expert. For women to be able to have a support system within a profession in which they are underrepresented, it is that much more important in terms of retention and job satisfaction.

There are huge opportunities for women in the trades, to grow their skills and career. Not only does it open many pathways, but it also gives people financial security and the ability to continually grow in their profession. Employers in Canada need to step up and support inclusion and change, to grow and diversify their workforce, creating a society where the idea of being a tradeswoman is the norm.

But to create this change, mentorship on its own isn’t enough. Everyone who has a role related to skilled trades needs to ask themselves how they can make a difference. Whether an instructor in a trades program, coworker on a job site, or employer hiring and leading an organization, one must ask themselves, what can I do to create a more inclusive, diverse, and welcoming environment for all. The economic and societal benefits gained from an inclusive environment cannot be fully realized unless we collectively step forward and do better. So, ask yourself, how can I lead from where I am to make a difference.

Shelley Gray is the CEO of the Industry Training Authority in B.C.

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Training

Labour Recruitment Critical

B.C. is expected to experience peak labour demand in 2021

By Bill Ferrira

B

etween 2019 and 2021, a significant amount of competing large-scale, multi-billion dollar projects are expected to commence in British Columbia. Construction demand is growing faster than the labour force as peak activity approaches.

In the Lower Mainland, demand is being driven by high levels of both residential and non-residential construction. Key projects include the Pattullo Bridge replacement, the Vancouver airport expansion, the Millennium Line and Surrey light rail transit systems, St. Paul’s Hospital, the Vancouver Fraser Port Authority container expansion, and a range of pipeline projects. The ongoing growth in demand for residential and commercial buildings will only add to these strong labour market pressures.

In northern B.C., the start of construction on the LNG Canada facility along with ongoing work at BC Hydro’s Site C project, the development of the TC Energy Coastal GasLink pipeline, Phase 4 of the Highway 1 project, and other major public infrastructure projects are stretching the available labour force beyond its limits.

Hundreds of smaller projects across the province are also combining to add strain to labour markets.

Based on current known demands, BuildForce Canada estimates that the labour force will need to grow by at least 14,600 workers — 1,700 residential and 12,900 non-residential — by 2021.

At the same time, the industry is expected to lose approximately 13,000 workers due to retirement, while only adding a possible 11,300 new 26 construction business

entrant workers during this period. Combined, this could create a potential recruitment gap of 16,300 workers by 2021.

Where will construction workers come from to satisfy peak demand?

Following the 2008-09 recession, unemployment rates in the construction sector dropped significantly from about 6.0 to only 3.7 per cent by 2018. Lower unemployment rates provide plenty of opportunities for workers, but significantly constrain the ability of employers to recruit inside the province.

Where will construction workers come from to satisfy peak demand?

Northern B.C. will likely require a set of skills significantly different from those in the Lower Mainland. Major industrial projects in the north will drive demand for industrial trades, such as boilermakers, steamfitters, pipefitters, millwrights, ironworkers, and welders. Lower Mainland skillsets will skew to civil construction. The simultaneous peaks of activity in both regions and somewhat mismatched skillsets will discourage labour mobility within the province.

Attracting workers from outside the province will also be a challenge. While construction workers from Atlantic Canada could once be counted

September/October 2019

on as a swing workforce, stronger demand in Ontario is creating significant competition for these workers. Projects such as the construction of the Gordie Howe International Bridge, Toronto’s Eglinton LRT (light rail transit) project, and nuclear refurbishments for Ontario Power Generation and Bruce Power are all contributing to similar labour force demands that will compete directly with B.C. for the same skillsets.

While apprenticeship programs are essential to building the province’s long-term workforce, they are unlikely to produce short-term relief to meet B.C.’s current demand up-cycle. Since programs take three to four years to complete, apprenticeships alone are unlikely to fill the anticipated requirements. And with growing competition from other sectors for youth, ensuring the construction and maintenance industry continues to attract its historical share of young workers is far from guaranteed.

Moving forward, the path is clear — the industry must broaden its recruitment to attract the new workers it requires to keep pace with construction and maintenance industry demands.

Clearly, expanding recruitment to draw in more individuals from groups traditionally underrepresented in the current construction labour force, such as women, Indigenous people and new Canadians will be essential to avoid the formation of labour force gaps created by the growing number of retirements.

To that end, BuildForce has developed a number of tools to help employers with labour force development. Key among these is our Working in a Respectful and Inclusive Workplace online course and employer support tools. The tools are available on our website and were designed to assist employers, large and small, to implement policies and procedures that can create a more welcoming and inclusive workplace environment. Simply put, the industry needs to ensure that the investments made to recruit new workers to the industry are fully realized and not undermined by onsite behaviours that discourage new workers from remaining.

As the B.C. construction and maintenance industry addresses the challenges of peak labour demand in 2021, ongoing attention to labour force recruitment and retention will be invaluable and help set the stage for developing a sustainable and diverse labour force into the future.

Bill Ferreira is the executive director of BuildForce Canada. BuildForce Canada is a national industry-led organization committed to working with the construction industry to provide information and resources to assist with its management of workforce requirements.

Legal File

Minimizing Construction Disputes

By Adrienne Atherton

I

t seems inevitable that construction projects come with delays and disputes, which are disruptive to the efficient progression of the project, and costly to all parties.

In any well-functioning relationship, it is important for the participants to be aware of the interests and incentives of the other parties to the relationship. In a construction project, the owner seeks value for money, and a project that is on-time and on-budget. The contractor wants to run its operations efficiently, make a profit, and obtain a good reference for future work. In order to obtain these objectives, it is in the interests of all parties to minimize disputes during a construction project.

This article will identify some of the common causes of delays and disputes, and provide some tips about the tools and strategies available to secure the effective delivery of a construction project.

Tip 1: Use Construction Contract Drafting as a Risk Management Tool The purpose of the construction contract is to set expectations between the parties to ensure that the objectives of each party are met, address how anticipated issues will be handled, and properly allocate risk. Parties to a construction project have an opportunity at the outset of their relationship to minimize potential disputes if they take proactive steps at the time the contract is drafted.

There exists a suite of standard form contracts in construction that are an excellent and costeffective starting point. However, they may not be the best end point. It is worth the investment of time and effort at the outset of the relationship to select the appropriate template, and then draft supplemental conditions to customize the template to suit the situation.

An issue that arises at the contract stage that often leads to later disputes is the drafting of contractual provisions without the assistance of, or review by, a legal professional. All too often, contract interpretation disputes arise because clauses were cut and pasted from other previously used contracts, and do not work properly together.

Legal review at the outset may seem expensive, but it is a deal compared to the potential delays and costs that arise if there is a later dispute.

Tip 2: Clearly Define Scope Many construction disputes are related to claims that work is outside scope. Changes, extra work and delay determinations are based on the agreed upon scope of work set out in the contract. Therefore, care should be taken at the outset to ensure that the parties have clearly documented in the contract the agreed upon scope of work, and what are the “contract documents.”

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Consistency throughout the contract is important to avoid interpretation disputes later.

Tip 3: Communicate Frequently Misunderstandings are a common symptom of a lack of effective communication. One area where this has a large impact is in relation to the construction schedule. Disputes related to delay in construction have occurred because the completion date is not clearly defined in the contract1. It is important to ensure that the contract requires the provision of a schedule with critical dates at the outset, as well as regular updates. It is equally important that the schedule and regular updates actually are prepared and circulated.

The schedule is used as the basis to ascertain delays and their causes. Regularly updated schedules are needed by all parties to support or defend delay claims.

Tip 4: Follow Processes Set Out in the Contract There have been many occasions in a construction dispute where it’s discovered that all of the parties have been conducting themselves without regard for the requirements and processes set out in the contract. While this may be fine when the parties are able to quickly resolve the issues, if the dispute is not resolved, this practice increases the complexity for finding resolution. Therefore, it is recommended that a copy of the contract be provided to all key players and a copy should be kept on site throughout construction. The key players should review the contract at the outset and periodically throughout construction.

It is important to be aware of and comply with contractual notice requirements. When a dispute arises, make use of the tools and remedies

September/October 2019

contained in the contract. Early legal advice to address issues as they arise during construction can avoid a costly lawsuit later.

Tip 5: Keep Records Keeping clear and complete contemporaneous records of communications and events may not avoid a dispute, but will reduce the costs of the dispute, as those documents are the strongest evidence to prove one’s version of events, and will reduce time spent by the lawyers.

Conclusion Some common themes seen in construction disputes include: • Lack of clarity in the contract language; •P arties acting without reference to the contract language; •L ack of clear communications between the parties; and •L ack of complete/accurate records of communications or events.

These issues are preventable through the proper drafting and use of the provisions in the construction contract, as well as effective communication between the parties and record keeping throughout the project.

Adrienne Atherton is a senior litigator and partner at Civic Legal LLP, a B.C. law firm with expertise in municipal law, construction, procurement, land development, and complex contract matters. Visit www.civiclegal.ca for contact and additional information.

[1] For example, where the contract states that the completion date is so many months after the issuance of the Notice to Proceed, there may be a dispute as to the completion date where there is no evidence that the Notice to Proceed was issued.

Legal File

Enforceability of Liquidated Damages

By David Volk

B

ankruptcy is one of the most costly forms of contractor default that can occur on a project. Occurring without notice, a bankruptcy will usually result in multiple liens by unpaid subcontractors and material suppliers, and significant project delay.

As with any other form of default, parties may address by contract the consequences of bankruptcy or other similar forms of financial instability. Most standard construction contracts give an owner or general contractor the rights to immediately terminate a bankrupt contractor, complete the work, recover the cost to complete from the bankrupt, and withhold any monies due to the bankrupt until completion.

Another less common form of contractual protection which parties may agree to is a liquidated damages provision that is triggered only in the event of bankruptcy. The enforceability of such a provision was considered in Deloitte Restructuring v. Chandos Construction.

The provision at issue was contained in a contract between Chandos Construction, the general contractor for a condominium project, and Capital Steel, a subcontractor responsible for steel-related work. The subcontract had a price of $1.37 million and included a liquidated damages provision which provided that in the event that Capital Steel made an assignment into bankruptcy, Capital Steel would forfeit 10 per cent of the contract price to Chandos “as a fee for the inconvenience of completing the work using alternate means and/or for monitoring the work during the warranty period.”

Capital Steel completed the majority of its subcontract work and Chandos made payments totaling approximately $1.22 million. However, prior to completion, Capital Steel filed for bankruptcy.

In response to Capital Steel’s bankruptcy, Chandos exercised the liquidated damages provision against Capital Steel, claiming that Capital Steel was obliged to forfeit 10 per cent of the contract price to Chandos. As a result of the 10 per cent forfeiture and the offset of the relatively minimal cost to Chandos to complete the subcontract work, Chandos became a net creditor to Capital Steel with a $10,500 claim provable in the bankruptcy proceedings.

Deloitte Restructuring was appointed as the trustee in bankruptcy for Capital Steel’s estate.

Deloitte applied to the Court of Queen’s Bench for directions as to whether Chandos was entitled to rely on the liquidated damages provision. Deloitte contended that the provision conflicted with bankruptcy law and the common law anti-deprivation rule as it had the effect of depriving Capital Steel’s other creditors of value otherwise available to them while effectively di-

recting value to Chandos, an unsecured creditor in Capital Steel’s bankruptcy.

In the Court of Queen’s Bench proceedings, Chandos maintained that it was entitled to enforce the provision on the basis that it was an enforceable liquidated damages clause. The chambers judge agreed, finding that the provision was a genuine pre-estimate of damages, which imposed liquidated damages and not a penalty.

He also held that the provision represented a bona fide commercial transaction that did not have as its predominant purpose the deprivation of Capital Steel’s property. In short, Chandos could enforce the clause against Deloitte.

On appeal, a majority of the Court of Appeal disagreed with the court below and allowed the appeal. The Court held that the provision offended the common law anti-deprivation rule, which the majority found to have originated in English law and to have been adopted into Canadian law. The Court explained that the anti-deprivation rule prevents parties from agreeing to remove property from a bankrupt’s estate in the event of insolvency that would have otherwise vested in the trustee.

The Court of Appeal held that Canadian law established that the application of the anti-deprivation rule requires a court to adopt an effectsbased approach when assessing the enforceability of a particular contractual provision. As such the Court rejected Chandos’ argument advocating a purpose-based assessment which would examine the purpose of the provision rather than its effect.

Chandos had contended that the liquidated damages provision was part of a good faith commercial transaction which did not have as its predominant purpose the deprivation of the property of one of the parties on bankruptcy.

The Court held that the anti-deprivation rule applies to provisions that operate in the event of insolvency and, in effect, remove value from a bankrupt’s estate to the prejudice of the bankrupt’s creditors.

Applying the anti-deprivation rule, the Court held that the liquidated damages provision in issue was invalid as it effectively redirected money owed to Capital Steel to Chandos, thereby prejudicing Capital Steel’s other creditors. The Court noted, however, that this determination did not affect Chandos’ other rights triggered

by Capitial Steel’s bankruptcy to complete the work, recover the cost to complete, and to withhold monies until completion.

The dissenting judge in the Court of Appeal disagreed that the provision could not be enforced. He reasoned that there was no common law anti-deprivation rule as the provisions of the federal Bankruptcy and Insolvency Act occupied the field. He further reasoned that the principles of party autonomy and freedom of contract should be given paramount primacy. He reasoned that the provision in issue should be enforced unless it manifests a blatant attempt to hijack the bankrupt’s property and defeat the legitimate interests of the bankrupt’s creditors, which he did not find to be the case.

The final result of this case remains to be determined. In July 2019, the Supreme Court of Canada granted leave to appeal.

David Volk is a construction lawyer at Jenkins Marzban Logan LLP in Vancouver, B.C. He acts for owners, contractors, consultants, and material suppliers in construction matters.

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Industry News Ledcor Construction earned a 2019 Silver Award for 569 Great Northern Way

VRCA Silver Award Winners Named The Vancouver Regional Construction Association (VRCA) has announced the Silver Award winners in its 2019 Awards of Excellence. These project‐specific awards recognize the regional construction association’s finest member companies and feature industrial, commercial and institutional projects from across British Columbia.

This year, 46 Silver Award winners have been selected in 15 project categories based on the use of innovative techniques, new materials and/or exceptional project management.

The SFU Sustainable Energy and Environmental Engineering Building (feature project in this issue), Vancouver Central Library and the Aldergrove Credit Union Community Centre are all winners in multiple categories.

The Silver Award winners will be honoured at the Awards of Excellence Gala on October 28 at the Vancouver Convention Centre West. At the gala, one Silver Award winner from each project category will be announced as the Gold Award winner in their respective category.

All winners will be featured in Nov/Dec issue of Construction Business.

National strategy for women in trades The Canadian Apprenticeship Forum (CAF-FCA) announced that a task force will oversee the development of a National Strategy for Women in Trades.

The task force is comprised of apprentices, tradeswomen, representatives from women’s organizations, labour groups, employers, educators and jurisdictional apprenticeship authorities. Its objective will be to inform specific strategy content and establish a national target to increase participation and retention of females in skilled trades careers.

The national strategy will be presented at the National Apprenticeship Conference in Calgary on May 24-26, 2020.

Burnaby Hospital set for $1.3B redevelopment Burnaby Hospital will be undergoing a major $1.3 billion redevelopment. The project is one of B.C.’s largest-ever health care investments.

The project will add two new patient-care towers with new wards and operating rooms, a total of almost 400 beds (the majority in single rooms), a bigger emergency department and a new cancer treatment centre. The last big upgrades at Burnaby Hospital happened more than 40 years ago.

The project will start with a new six-storey, 11,858 square-metre, 78-bed, patient-care tower. The tower will include an upgraded mental health and substance use inpatient unit, and a new maternity ward to offer enhanced care for new parents and their families. The tower is expected to open in 2023, with construction starting in 2021.

The redevelopment will also upgrade the support facilities building on campus, creating a larger emergency department, increasing the number of treatment bays from 47 to 62, and adding a new medical device reprocessing unit. It will also add four new operating rooms, bringing the total to nine; as well as 18 new pre-operative and post-operative recovery spaces. These upgrades are expected to be complete by 2024.

The second patient-care tower will have 160 new beds and a state-of-the-art cancer treatment centre. It is expected to open in 2027. Detailed business planning for the tower is underway, with construction expected to begin in 2024.

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September/October 2019

Remembering Brian Martin Brian Martin, a long time voice and familiar face in the Vancouver construction industry, passed away on Aug. 30, 2019. He was 74 years old.

Martin retired as publisher of the Journal of Commerce (JOC) in 2002 where he began as a reporter in 1973. He served as editor, then associate publisher before assuming the publisher role in 1990.

His weekly opinion column was a reader favourite, often prompting debate in the construction industry and at all levels of government.

In 1988, Martin and the JOC founded what would become the Vancouver Regional Construction Association’s (VRCA) Awards of Excellence, recognizing outstanding achievements by the construction industry. He served as the chairman of the awards committee for many years. He was also a VRCA Life Member.

After retirement, he remained active in the industry, especially with the Vancouver Regional Construction Association. He also continued to write many articles for various publications.

Many in the industry have worked with him, and knew him professionally and personally, including Dan Gnocato, publisher of Construction Business.

“I had the great pleasure of working with Brian for more than 20 years. He was certainly a friend and mentor to me in my early construction publishing career. Brian had an incredible talent for storytelling and presenting topics in a forthright manner.

He always stood up for the construction industry.

He was also an avid gardener and reader. He was one of a kind and I’m grateful for having known him. He will be missed for sure,” says Gnocato.

A celebration of Brian’s life for friends/colleagues and family will be held at the Northwood United Church at 8855-156th Avenue Surrey on Dec 7th at 1:00pm.

Kelowna adopts 12-storey wood construction The City of Kelowna is participating in B.C.’s Early Adoption initiative that would allow wood frame buildings, currently capped at six storeys, to be built up to 12 storeys tall.

With provincial and national building codes set to change in the next three years, the city is being proactive.

According to the city, mass timber buildings can be one-fifth the weight of comparable concrete buildings, while still meeting performance standards for safety, structural resilience and fire protection.

They encourage innovation through value-added wood products, helping to grow local and global markets, while promoting climate-friendly construction and supporting B.C’s forest-dependent communities. Other benefits can include construction cost-savings as well as ease and quality of assembly.

This is not the first time Kelowna has been a pioneer in wood-frame construction. In 2009, Ellis Court became the first wood framed building in B.C. to rise above four-storeys.

B.C. is the first province to allow 12-storey mass timber buildings. The national building code is expected to be revised to increase height limits to 12 storeys in 2020.

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