Construction Economist Journal - Winter 2015

CONSTRUCTION ECONOMIST WINTER 2015

The Journal of the Canadian Institute of Quantity Surveyors Le Journal de l’Institut canadien des économistes en construction

3rd Annual

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CONSTRUCTION ECONOMIST WINTER 2015

The mission of CIQS is to promote and advance professional quantity surveying and construction estimating; to establish and maintain national standards; to recruit, educate and support our members.

Canadian Institute of Quantity Surveyors 90 Nolan Court, Unit 19, Markham, ON L3R 4L9 t. 905/477.0008 f. 905/477.6774 toll free. +1 866/345.1168 e. info@ciqs.org www.ciqs.org

Executive Director Lois Metcalfe. ........................... . . . . . . execdir@ciqs.org Editor Arif Ghaffur, PQS....................... . . . . . . . editor@ciqs.org Send Change of Address to: Canadian Institute of Quantity Surveyors 90 Nolan Court, Unit 19, Markham, Ontario L3R 4L9

CIQS Board Chair: Craig Bye, PQS

The Journal of the Canadian Institute of Quantity Surveyors Le Journal de l’Institut canadien des économistes en construction

Features 3rd Annual CIQS Congress . . . . . . . . . . . . . . . . . . . . . 14 No payment, no problem – Lien Legislation reform which makes sense and saves dollars. . . . . . . . 18 International member interview – Laeeq Hassan. . . . . 22 Female voices heard around CIQS Board table . . . . . 26

Vice Chair and Secretary/Treasurer: Matthew K. Weber, PQS Past Chair: Dave Burns, PQS(F) Registrar and CIQS – Prairies and NWT Rep: Wendy Hobbs, PQS CIQS – British Columbia Rep: Angela Lai, PQS CIQS – Maritimes Rep: David Dooks, PQS CIQS – Newfoundland and Labrador Rep: Colin Penlerick, PQS CIQS – Ontario Rep: Sheri Thompson, PQS CIQS – Quebec Rep: Guillaume Robitaille, PQS Education Administrator: David Lai, PQS(F)

Statements of fact and opinion contained within this journal are those of the authors, including subject matter experts. CIQS assumes no responsibility or liability for the content of such fact and opinion, nor do they represent the official policy of CIQS. Published four times a year on behalf of the Canadian Institute of Quantity Surveyors by

Third Floor - 2020 Portage Avenue Winnipeg, Manitoba R3J 0K4 Tel: 866-985-9780 Fax: 866-985-9799 info@kelman.ca www.kelman.ca Managing Editor. ........................ . . . Chris Kelman Art Design/Production. .......... Kiersten Drysdale Advertising Coordinator...... Stefanie Hagidiakow Marketing Manager. .................. . . . . . . . . . Jeff Kutny jeff@kelman.ca 866-985-9789 Publication Mails Agreement #40065075 Send undeliverable addresses to: lauren@kelman.ca

18

Corners

Messages

Legal Corner. . . . . . . . . . . . . . . . . . .

10

Chair’s Message. . . . . . . . . . . . . . . . .

4

Education Corner . . . . . . . . . . . . . . .

13

Executive Director’s Message. . . . . . .

6

Professional Sustainability Corner . . .

24

Editor’s Message . . . . . . . . . . . . . . . .

8

Aspiring Professionals Corner . . . . . .

28

Letter to the Editor. . . . . . . . . . . . . . .

9

Congratulations.

OUR CONCERN FOR THE ENVIRONMENT IS MORE THAN JUST TALK This document is printed on paper certified to the standards of the Forest Stewardship Council® (FSC®).

. . . . . . . . . . . . . . . 30

Chair’s Message

Increasing student membership

I

hope that you and your families had a safe and happy holiday season and wish everyone prosperous and peaceful New Year. The Affiliates have been busy in organizing seminars and social gatherings to educate and provide networking opportunities for our Designation Holders. I attended a recent event where 150 individuals were in attendance and included not only those from CIQS but also other industry professionals and a strong contingent of students from the local colleges. I had the opportunity to talk to a few of them during the evening who expressed an interest in participating and volunteering with Institute activities.

Our student membership has declined in recent years; however, the efforts that the Affiliates have made reaching out to the schools will result in increased student involvement and membership.

I encourage you to participate in these events and encourage anyone who would like to be a presenter or organizer to contact your Affiliate representative to get more information.

As part of our efforts to promote and advance the professional status of quantity surveyors in Canada and collaborate with other professions

and organizations in the interest of the construction industry on national and international levels CIQS currently has Memorandums of Understandings (MOUs) with RICS and the Canadian Association of Consulting Quantity Surveyors (CACQS). In November, Arif Ghaffur facilitated a meeting of our three organizations. Participating in the meeting was Neil Shah, Managing Director and Michael Zuriff, Head of Regulation of RICS Americas, CACQS President Alan Hand and Executive Director Bruce van Ryn-Bocking, CIQS Past President Ian Duncan and myself. To reflect the organizations’ shared commitment to the profession of Quantity Surveying in Canada, a joint MOU with the following objectives has been proposed: • Encourage a positive environment within which the Parties can work collaboratively; • Provide a basis for joint action in priority areas of common interest; e.g., continuing professional development, education, member services, professional services; and • Provide a mechanism at a senior level for continuing dialogue between CIQS, CACQS, and RICS.

Craig Bye, PQS

Another great opportunity that we can look forward to in order to help promote the Institute, provide CPD opportunities and encourage networking is our National Congress being hosted by CIQS-Ontario. The organizing committee for the 2016 CIQS Congress in Toronto has put together a terrific seminar program including presentations from senior industry professionals as well as a full slate of activities for members and guests including the annual Clive Evans Living Golf Tournament. The congress is to be held June 24-26, 2016. We hope to see you there and invite you to join us at the President’s Dinner/Lois Metcalfe’s Retirement Celebration to wish her all the best and thank her for being the soul of CIQS all these years.

CIQS have consolidated membership assessments starting back in April.

Sophia and the CIQS Membership Committee including David Lai and Mark Gardin, have been doing a terrific job. There have been a large number of individuals who have applied to become a member and the applications are being evaluated in an efficient and consistent way as a result of the process being developed.

Journal Online MKA CANADA, INC. SEEKING FULL TIME CONSTRUCTION ESTIMATOR FOR CALGARY OFFICE A minimum of 2+ years of experience in construction estimating/quantity surveying related to industrial or institutional remediation following accident or disaster, and 12+ months experience managing project costs; Completion of University (Quantity Surveying or related field); English speaking and writing is critical to the position.

Annual Salary range: $74,000-$94,000; Excellent Benefits including participation in Company RRSP Please submit your resume: By email: cdeponte@mkainc.com

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4 | CONSTRUCTION ECONOMIST | www.ciqs.org | Winter 2015

The Construction Economist is also available in electronic format. Please visit the CIQS website www.ciqs.org and press the ‘Publications’ tab.

Message du Président du Conseil

Augmenter l’adhésion des étudiants

J

e souhaite que vos familles et vous-même ayez passé un joyeux temps des fêtes en toute sécurité. Que la nouvelle année soit paisible et prospère pour vous. Les affiliés ont été très occupés dans l’organisation de séminaires et d’activités sociales dans le but d’éduquer et de fournir des opportunités de réseautage pour les détenteurs de désignations. J’ai récemment assisté à un événement où il y avait 150 personnes y compris, non seulement des membres de l’ICÉC, mais également des professionnels oeuvrant dans différentes industries et un grand nombre d’étudiants de collèges locaux. Lors de cette soirée, j’ai eu l’opportunité de discuter avec certaines personnes qui ont manifesté un intérêt pour s’impliquer et participer aux différentes activités de l’Institut.

Notre adhésion étudiante a diminué ces dernières années. Par contre, les efforts déployés par les affiliés auprès des établissements scolaires entraîneront une augmentation de l’implication et de l’adhésion étudiante. Je vous encourage à participer à ces événements et j’encourage également ceux et celles qui souhaiteraient s’impliquer, au niveau de l’animation ou de l’organisation, de contacter votre représentant local pour obtenir plus d’information.

L’ICÉC a présentement des protocoles d’ententes avec le RICS (Royal Institute of Chartered Surveyors) et l’Association canadienne des consultants en économie de construction (ACCEC). Ces protocoles d’ententes font partie de nos efforts pour promouvoir et faire avancer le statut professionnel des économistes en construction au Canada et pour collaborer avec les autres professions et organisations au niveau national et

international dans l’intérêt de l’industrie de la construction. En novembre, une réunion entre nos trois organisations a été organisée par Arif Ghaffur. Le directeur général, Neil Shah et Michael Zuriff, directeur de la réglementation du RICS (Royal Institut of Chartered Surveyors), le président de l’ACCEC, Alan Hand et le directeur général, Bruce Van Ryan-Bocking, l’ancien président de l’ICÉC, Ian Duncan et moi-même étaient tous présent lors de cette réunion. Pour refléter le dévouement de ces organisations envers la profession au Canada, un protocole d’entente incluant les objectifs suivants a été proposé : • Encourager un environnement positif dans lequel les parties peuvent travailler en collaboration; et • Assurer une base pour l’action commune sur des thèmes prioritaires d’intérêt commun; par exemple, la formation professionnelle continue, l’éducation, les services aux membres, les services professionnels; et • Assurer un mécanisme de dialogue de niveau supérieur entre l’ICÉC, l’ACCEC et le RICS (Royal Institut of Chartered Surveyors).

Une autre merveilleuse opportunité que nous attendons avec impatience afin de promouvoir l’Institut, fournir des

opportunités de DPC et encourager le réseautage, c’est notre Congrès national, qui sera organisé par l’ICÉC – Ontario. Le comité d’organisation du Congrès 2016 de l’ICÉC, qui aura lieu à Toronto, a préparé un excellent programme de séminaires incluant des présentations de professionnels senior de l’industrie, toute une gamme d’activités pour les membres et leurs invités, incluant le tournoi de golf annuel Clive Evans Living Golf Tournament. Le congrès aura lieu du 24 au 26 juin 2016. Nous vous attendons en grand nombre et nous vous invitons à vous joindre à nous pour le Souper du président / une célébration est organisée pour souligner le départ à la retraite de Lois Metcalfe; Nous aurons l’occasion lui transmettre tous nos meilleurs vœux et la remercier d’avoir été l’âme de l’ICÉC pendant toutes ces années.

Depuis le mois d’avril, l’ICÉC a consolidé les évaluations d’adhésion.

Sophia et le comité des membres de l’ICÉC, incluant David Lai et Mark Gardin, ont fait un excellent travail. Un grand nombre d’individus ont appliqué pour devenir membre et, grâce à la mise au point de ce nouveau processus, les demandes sont évaluées de façon efficace et cohérente.

Construction Economist welcomes your input Are you a student, recent graduate, associate, mature candidate or direct finalist working towards your CEC or PQS status?

Please email (execdir@ciqs.org) if you would like us to consider any articles that you would like to propose for publication in the ‘Aspiring Professionals’ corner of the Construction Economist.

Winter 2015 | www.ciqs.org | CONSTRUCTION ECONOMIST | 5

Executive Director’s Message

Diversity in the CIQS

F

ollowing the election, Prime Minister Justin Trudeau unveiled his diverse, gender-equal cabinet to the country. Trudeau’s cabinet is the first in Canadian history with equal numbers of men and women, the first Muslim minister, the first Aboriginal justice minister, and the first northern fisheries minister and an Inuit. He said during the ceremony it was, “an incredible pleasure to present a cabinet that looks like Canada.”

This announcement reminded me of how diverse the Canadian Institute of Quantity Surveyors has become over the years. When the CIQS was formed in 1959, and even when I was hired in 1978, the face of CIQS was made up of Caucasian Angelo Saxons with virtually no women. We have two photographs in the CIQS Board room that clearly display this.

The first photograph is of the delegates at the 1962 Annual General Meeting: all men in white shirts, black shoes and dark suits. The second photograph is of

the members at the 50th anniversary in 2009; it is a striking contrast that captures almost a dozen women, clothing of every colour, and faces of every colour. The stiff formality in the 1962 photograph is also non-existent, almost five decades later.

Not only have times changed with the Government of Canada, but times have changed at CIQS as well. Today, we have three women on the CIQS Board, and members from all around the world of every race and religion. The CIQS is made up of a true mosaic of the world and we

Lois Metcalfe

should be proud of this history as we welcome members from all over the world.

In closing, I would be remiss if I did not acknowledging the people of France during their recent tragedy – our thoughts and prayers are with the victims, families and friends during this difficult time. As Canadians, we share in such heartfelt events where there is an unnecessary loss of innocent human life.

On behalf of the CIQS Board of Directors and CIQS staff, I wish everyone a safe and wonderful holiday season.

A Definition of Diversity The concept of diversity encompasses acceptance and respect. It means understanding that each individual is unique, and recognizing our individual differences. These can be along the dimensions of race, ethnicity, gender, sexual orientation, socio-economic status, age, physical abilities, religious beliefs, political beliefs, or other ideologies. It is the exploration of these differences in a safe, positive, and nurturing environment. It is about understanding each other and moving beyond simple tolerance to embracing and celebrating the rich dimensions of diversity contained within each individual.

Call for Articles – Expressions of Interest The Construction Economist, as the official journal of the Canadian Institute of Quantity Surveyors, would like to hear from individuals interested in submitting the following articles for publication: • Feasibility Studies  Key components of economic feasibility studies • Cost Planning Considerations in preparing accurate construction cost plans • Forms of Contract  Standard vs Bespoke Forms of Contract – a practical approach • Cost Systems  Setting up and operating construction costs control systems • Final Accounts  Valuing changes and finalizing construction accounts • Quantity Surveying Excellence  Project case study – an example of Quantity excellence Should you be interested in submitting an informative article in respect to the above or wish to propose another article for publication, please email execdir@ciqs.org. Your participation does of course earn you valuable Continuing Professional Development Points.

6 | CONSTRUCTION ECONOMIST | www.ciqs.org | Winter 2015

Looking for qualified candidates to fill the role of Executive Director The Role: CIQS is the premier professional association that sets the highest standard for construction and infrastructure economics in Canada.

Designated Professional Quantity Surveyors (PQS) and Construction Estimator Certified (CEC) professionals counsel building owners, developers, designers and contractors at every stage of the design, procurement and construction process to help ensure a return on investment is delivered. CIQS represents nearly 2,000 members from across Canada and abroad and was formed in 1959.

We are currently seeking an Executive Director. The Executive Director will report to the Board of Directors and be responsible for the day to day operations of the Canadian Institute of Quantity Surveyors. This is a full time position located at the CIQS Head Office at 90 Nolan Court in Markham, Ontario.

Duties and responsibilities include: • Administer the CIQS’ Strategic Plan including financial management, human resources and relationship with our members and Designation Holders • Work closely with the Board of Directors to assist with their mandates • Ensure compliance with the Not for Profit act and CIQS governance • Lead, promote and manage the association in a team environment • Oversee programs currently in place and develop new programs as required • Provide strong financial management in accordance with the CIQS financial objectives • Attend and participate in meetings, assisting with materials, providing reports and recording notes/minutes for distribution • Hire, train, and manage staff in accordance with Board’s directives

The Executive Director will possess: • Bachelor’s Degree (e.g., business administration, non-profit management or other related field) or equivalent experience • Minimum of five years relevant work experience • Highly developed organizational skills with attention to detail

• Outstanding interpersonal and communications skills • Leadership experience in successfully managing an organization with multiple stakeholders and professionals • Willingness to work flexible hours as required to meet the needs of the CIQS is required • Must be willing and available to travel

Assets: • Ability to communicate effectively in both English and French is a definite asset.

• CSAE Certification would be considered a strong asset • Previous experience working with a non-profit and a Board of Directors • Respond positively to timelines and deadlines • Strong membership service orientation CIQS is committed to Employment Equity and offers a competitive salary and progressive employee benefits package.

Submission Requirements: Individual candidates responding to the advertisement are requested to provide the following: • Cover letter • Resume outlining related experience and qualifications • List of three references with contact information

Closing date for applications – February 29, 2016.

Please submit your application to info@ciqs.org. Attention: Lois Metcalfe, Executive Director We thank all applicants for their interest; however only those selected for further consideration will be contacted.

Editor’s Message

Special economic update –

new government and construction spending

T

he recent federal election brought much debate and even more emotion about spending, surpluses and deficits, amongst many other things. The economic thematic was how the income classes would be affected, jobs created and how Canada’s economy would be grown by increased investments. The Canadian construction industry was and perhaps is still wondering what it all means from a future workload perspective – some say it is still in the early days of life for the new government so let us cautiously “wait and see.” What is clear is that the Liberals were elected after running on a plan to reject austerity and spend billions on infrastructure projects, which would see Canada run a deficit over a number of years. Some commentators have said that this commitment signals the largest infrastructure investment in Canadian history. Interestingly, a national survey (conducted before the election) confirmed that infrastructure projects which include public transit, social infrastructure and green infrastructure could help drive the growth of construction workloads in Canada over the next 12 months. The results of the recent federal election appear to make this sustainable, based on the polling results and the general reactions of respondents.

Canadian construction professionals participating in the Royal Institution of Chartered Surveyors (RICS) Q3 2015 sentiment survey, which was conducted before the federal election, predicted that their total workloads would increase about 2.7% over the coming year, with the infrastructure sector foreseen as the driver of growth. Significantly, the Liberals have committed to: 1) Nearly double federal infrastructure investment to almost $125 billion from the current $65 billion over the next decade; 2) Make an immediate down payment to kick-start job creation and economic growth by doubling the current federal infrastructure investment in each of the next two fiscal years; 3) Provide new, dedicated funding to provinces, territories, and municipalities for: • Public transit infrastructure; • Social infrastructure including affordable housing and seniors facilities, early learning/child care, and cultural/ recreational infrastructure; • Green infrastructure including local and wastewater facilities, climate resilient infrastructure and clean energy; 4) Increase the transparency of the new Building Canada Fund by providing clearer project criteria and faster approval processes that will now prioritize investments in roads, bridges, transportation, ports, and border gateways; and

8 | CONSTRUCTION ECONOMIST | www.ciqs.org | Winter 2015

Arif Ghaffur, PQS

5) Help fund public infrastructure projects with the creation of a new Canada Infrastructure Bank.

In parallel, and perhaps not insignificant, is the hope that the re-introduction of the long form census will provide data for government allocation of funds for infrastructure and social programmes.

For professionals such as Estimators and Quantity Surveyors, this economic stimulus provides a welcome boost and a significant opportunity for them to use their expertise in expediting the delivery of these new initiatives. This increased spending will directly influence the amount of work being carried out by the construction industry, and has the potential to create opportunities for sectors in Canada, such as mining and energy, that have generally suffered a slowdown.

With its new Cabinet firmly in place, the Liberals will go through a period of reviewing the financial legacy of the previous government, to identify and confirm the economic direction, with previous experience showing that finding the ‘unexpected’ is not an uncommon occurrence! Notwithstanding this ‘due diligence,’ the Liberals’ significant win will likely be the catalyst for substantial infrastructure spending funded by multi-year deficits. As part of their platform, they have long supported the public-private- partnership procurement model for infrastructure, being used in most of the provinces. There is no immediate indication that this will change; in fact we may see the established public-private-partnership model being further expounded.

In addition to the availability of traditional funding sources, the potential creation of a Canada Infrastructure Bank will enable municipalities to afford the cost of new infrastructure as their existing resources are consumed by maintaining existing, deficient infrastructure. Advocates of the Canada Infrastructure Bank say that it will make it more affordable for municipalities to build infrastructure by using Canada’s strong credit to provide loan guarantees and small capital contributions. Apart from the elections and infrastructure, private housing construction growth continued, according to the RICS sentiment survey which saw growth in activity in Q3, with nearly one-third reporting increasing workloads, following a steady upward trend in new building permits since the beginning of the year. Workloads also rose in the private commercial and industrial sector, though more modestly. The survey further revealed that the energy, oil and gas sector continued to feel the major impact of the drop in oil prices, with more than half of respondents reporting falling workloads in Q3 – a position that is evident in the energy, oil and gas sectors in Western Canada. As for the provinces, the survey found that

Editor’s Message

Ontario remains the one where the most respondents (62%) expect the strongest growth over the next few years, followed by British Columbia (26%).

There is also of course the matter of the Keystone XL pipeline, which would have run 1,179-miles (1,897 km) taking 800,000 barrels of oil a day from Alberta. While the project has been rejected by the current US government, the pipeline controversy will not end any time soon. Proponents will almost certainly challenge the decision in court and, if a Republican is elected president next year in the US elections, construction could yet be approved.

Any growth in construction activity, particularly where there is a component of public sector investment, will require an increased emphasis on establishing excellence in the delivery of projects. It is therefore timely that the theme at the 3rd CIQS

congress, hosted by CIQS – Ontario on Friday, June 24, 2016 at the Old Mill, Toronto, will focus on Best Practices for Project Delivery – Striving for Excellence. Accomplished speakers will present at four sessions entitled: 1) Business Case & Financing; 2) Project Budget & Cost Control; 3) Project Execution Plan & Project Case Study; and 4) Completeness of Contract Documents & Issue Management. One not to miss – this is likely to be a sold out event so book early!! More information will be made available via the CIQS website and is contained within this issue of the Construction Economist. I thank you for your support and contribution to the Construction Economist. I also extend sincere greetings to you and your families for the forthcoming holiday period and a very happy New Year. If you have feedback, suggestions and of course any articles that you would like to be considered for publication, please email: editor@ciqs.org.

Letter to the Editor Dear Editor, Back in the old days when a cup of coffee was 25 cents and the snow was piled to the top of lamp posts, I recall my affiliate was responsible for their own disciplinary measures. We had the CIQS Rules and Regulations to guide us but the costs to conduct a disciplinary hearing were bore by the affiliate. My affiliate had to set aside a substantial amount of reserve funds in the event they had to deal with such an unpleasant occurrence.

With the new CIQS structure as ‘an association of associations’ as it has been described in this journal many times in the last few years, I wonder if anything has changed. I would think the affiliate would still be responsible for this as the members are members of the affiliate.

So I fired up my Apple MacIntosh and went to the CIQS website to get to the bottom of this with no success. I could not even find the Rules and Regulations on the website. Any guidance on this would be helpful.

Signed: Minding my Ps and Qs

Response: Dear Minding my Ps and Qs: Thank you for your letter and your questions.

With the governance changes that CIQS has made over the past several years, we understand issues such as discipline may not have been communicated well to the designation holders.

With that in mind, this is a good opportunity to inform you and the entire Institute of the changes to discipline.

Firstly, the Rules and Regulations have been replaced with a document called the National Standards (NS). A copy of the NS is found on the website under the Members Only section. Login as a member and click on the Institute tab and you will find a copy of the NS as well as the Bylaws.

Discipline and disciplinary procedures are defined in Article 7 of the National Standards and the national body of CIQS is now responsible for all disciplinary hearings and the costs to enforce discipline. The national body has taken over the responsibility of discipline because CIQS national holds the registered

trademarks of the PQS and CEC designations and as such have the responsibility to uphold and maintain the high standards of the designation.

The procedures for filing a complaint, the process for hearing the complaint, the decision making process and the appeal process has not changed substantially from the previous articles found in the former Rules and Regulations. We encourage all designations holders to read the National Standards as well as the Ethics and Professional Conduct articles found on the public side of the website under About CIQS. While it is the hope that our designation holders conduct themselves in a manner that discipline is not required, we understand that it is important to have a process to follow when necessary.

Signed: CIQS National Governance Committee Winter 2015 | www.ciqs.org | CONSTRUCTION ECONOMIST | 9

Legal Corner

Recent developments in the law of expert witnesses Introduction Expert opinion evidence is central to many construction disputes. Examples of expert opinion evidence in construction litigation abound.

Expert evidence is called for where it is necessary to assist the court or jury in coming to the correct conclusions on a subject not normally within the court’s expertise. The goal of expert opinion evidence is sometimes said “to provide the judge and jury with a ready-made inference which the judge and jury, due to the technical nature of the facts, are unable to formulate.”1 An engineer may be called to provide her professional opinion as to the causes of a roof collapse. That collapse may impede the progress of other contractors or sub-trades, and lead to defaults on their contracts. Defaults may lead to further delays. Uncured defaults will lead to unfinished work.

Unfinished work may need to be completed by a replacement contractor hired by a surety company. A quantity surveyor may be called upon to quantify the work completed by the defaulting contractor (a “fact” or “participant expert” witness). Or, a quantity surveyor may be called as an independent expert witness, after the fact, to give their independent expert opinion as to what repairs should cost.

This article reviews the duties of testifying experts and some recent case law on this subject. The good news is that not much has changed and objectivity remains key for testifying experts.

Background The first principle of the law of evidence is that generally all evidence relevant to the material issues in dispute is admissible.2 Courts usually admit evidence based on the testimony of witnesses who testify to what they

observed through their senses.3 Opinion – the inferences to be drawn from a witness’ observations – is generally inadmissible, because it is thought to be unhelpful and may be misleading.4 For example, a foreman who sees a partial roof collapse during construction sees the event. The foreman has relevant evidence to give with respect to what he saw. His opinion as to the cause of the roof’s collapse may be misinformed and limited to his narrow view of events and therefore unhelpful.

An exception to the rule excluding opinion evidence is the rule permitting expert opinions on matters requiring specialized knowledge.5 Using the roof collapse example, an engineer who surveys all the available evidence, may be able to apply her specialized skill and knowledge to determine the probable causes of the collapse. Similarly a quantity surveyor may be able to determine whether the work done when the roof collapsed is 75% complete and delayed the rest of the project, when to a layperson it appears to be only 25% complete.

Rules of Civil Procedure Expert witnesses retained to testify by parties have a special duty to the court to provide independent assistance to the court by way of providing an objective unbiased opinion.6 Most provinces in Canada have provided guidance on this duty in their rules of court. These rules are generally a restatement or codification of the duty of expert witnesses to provide opinion evidence that is fair, objective and non-partisan.7 In Ontario, the Rules of Civil Procedure, Rule 4.1.01 requires the following duties from expert witnesses: • Every expert engaged by a party is to provide evidence that is “fair, objective and non-partisan.”

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F. Philip Carpenter

• Experts must provide opinion evidence that is only within the expert’s area of expertise.

• Experts must provide such additional assistance as the court may reasonable require.8 These duties owed to the court by the expert prevail over any obligation owed by the expert to the party who engages them.9 The Ontario Rules also set out specific criteria that must be in the expert’s report, including: 1. The expert’s name, address and area of expertise.

2. The expert’s qualifications, employment and educational experiences in his or her area of expertise.

3. The instructions provided to the expert.

4. The nature of the opinion being sought and each issue in the proceeding to which it relates.

5. The expert’s opinion respecting each issue and, where there is a range of opinions given, a summary of the range and reasons for the expert’s opinion being within that range.

6. The expert’s reasons for their opinion, including the expert’s assumptions, research conducted, and all documents relied upon in forming the expert opinion.

7. An acknowledgment of expert’s duties in Rule 4.1.01, signed by the expert.10 Rules 53.03 and 4.1.01 of the Ontario Rules were enacted in 2010 after a review of the civil justice system known as the “Osborne Report.” The Osborne Report cautioned that too many experts had become or appeared to be “hired guns” whose opinions were subject to “subtle or overt pressures.”11 The concerns embodied in the Osborne Report can be seen in the rules of court in other provinces such as Nova Scotia.

Nova Scotia12 goes so far as to require

the expert to point out in the expert report anything that could reasonably lead to a different conclusion.13 While the duty of objective expert assistance to the court is uniform, the particular requirements, and rules for reports may vary from province to province. Ensuring a properly formatted and admissible report is one of the reasons experts and the lawyers retaining them must discuss its contents. This is the subject of the Moore decision.

Recent Canadian Case Law In 2015, three major cases came out of Ontario and Nova Scotia dealing with the duties experts owed to the court and the requisite degree of independence, namely the White Burgess, Moore, and Westerhof decisions.14 In White Burgess, an accountancy firm was retained to investigate the auditors of a purchasing firm. The purchasing firm then hired a partner in the investigating accountancy as their expert witness when they sued their auditors in negligence. The auditors moved to have the purchasing firm’s expert report struck because it was not impartial and did not appear to be impartial. The auditors were initially successful and the report was ruled inadmissible because it appeared to lack independence.15 The Nova Scotia Court of Appeal disagreed, and held that the appearance

A quantity surveyor may be called as an independent expert witness to give their independent expert opinion as to what repairs should cost. of partiality primarily goes to weight and not whether the expert opinion can be heard, subject to a residual discretion held by the trial judge to exclude the evidence where the expert is, in fact, biased.16 The Supreme Court of Canada split the difference and held that the degree of independence and impartiality can be considered at three stages: (1) the threshold inquiry on whether the expert is a “properly qualified expert”; (2) the gatekeeping discretion held by the trial judge; and (3) when the judge or jury weighs the expert evidence in conjunction with all the other evidence.17 Of these, the first and third stages are the most interesting. At the first stage, if an expert is “unable or unwilling to fulfill” the expert’s duties of independent, objective assistance to the court, they should not be considered a “properly qualified expert” and their opinions should be ruled inadmissible and not heard. At the third stage, the expert opinion is admitted and heard.18 A judge or jury deciding the facts can

then weigh the degree of bias, if any, in assessing the reliability and credibility of the expert opinion.

In White Burgess, the court found that merely because one professional firm investigates another prior to litigation, and finds what it suspects to be professional negligence, this does not automatically disqualify it from providing an independent expert opinion during litigation, even if some of the investigatory work product is incorporated into the expert opinion.19 That said, an ongoing commercial relationship, in combination with an admission that the expert did not draft his own report or affidavit containing the expert opinion was enough to warrant disclosure of draft reports and affidavits in Ebrahim v Continental Precious Minerals Inc.20 This was discussed in Moore.

In Moore, the court confirmed the ability of experts and the lawyers who retain them to discuss and confer in the preparation of expert reports.

In overturning the lower judge, the

WWW.CONSTRUCTIONLAWYER.CA SOLID . LEGAL . SUPPORT 250 Yonge Street, Suite 1604 Toronto, Ontario M5B 2L7 www.healandco.com Tel: 416.583.5900 I Toll Free: 1.877.978.6566

Andrew Heal, J.D., LL.M. Partner, Heal & Co. LLP Certified Specialist Construction Law Catherine DiMarco, LL.B. Partner, Heal & Co. LLP Damon Stoddard LL.B., LL.M. Partner, Heal & Co. LLP Winter 2015 | www.ciqs.org | CONSTRUCTION ECONOMIST | 11

Legal Corner

Court of Appeal upheld the widespread practice of lawyers and experts conferring to prepare an expert’s report, and held that drafts do not need to be produced without good reason.

The court in Moore held that “expert witnesses need the assistance of lawyers in framing their reports in a way that is comprehensible and responsive to the pertinent legal issues in a case.”21 The iterative process of generating a responsive expert opinion does risk a loss of objectivity on the part of the expert.22 But there are other safeguards that also come into play to help guard against improper influence by the lawyer including the ethical standards of professional bodies governing the experts and lawyer, and the adversarial process of cross-examination.23 Moore confirmed an independent expert report, not being relied upon by a party, does not need to be disclosed.24 Further, there is no rule requiring the production of an expert’s draft reports.25 Some portions of an expert’s file, such as the underlying facts, test results, and measurements may be producible to the opposing side, especially if they wish to have their own expert test the other expert’s findings. However, where there are reasonable grounds to believe a lawyer communicated with an expert in a manner that likely interferes with the expert’s duties to the court, a court can order disclosure of the discussions, notes, or draft reports relating to such improper communications.26 In Westerhof the court concluded that a traditional “fact” witness who observes the events at issue, but also forms an opinion based on his or her special skills, knowledge or training while observing events, can give opinion evidence.27 These witnesses are “participant experts” such as doctors, engineers, and other professionals who form professional opinions in relation to events in dispute because they participate in or observe those events. These participant experts do

not have to comply with rules such as Rule 53.03 in Ontario that requires they prepare a report.28 The rules of court relating to experts are designed to limit the “hired gun” nature of expert opinion evidence in civil litigation, which does have a tendency to produce biased expert opinions despite safeguards.29 These concerns are attenuated where the expert opinions are developed outside the litigation in furtherance of their professional obligations.

For a quantity surveyor, professional ethics dictate that in any position, including “while serving as a witness before a court, commission, or other tribunal” to not express “opinions on relevant matters that are not founded on adequate knowledge and honest conviction.”30 Thus regardless of the Westerhof decision, whether a quantity surveyor is acting as a “participant expert” or as party’s expert witness, a quantity surveyor is obliged to express opinions honestly and with due diligence.

Discussion & Conclusion Every witness before a court or tribunal has an obligation to be honest when giving evidence. Experts are entitled to give their expert opinion when called to testify. When hired to do so, experts must remember that their overriding duty is to assist the court by providing their objective, non-partisan opinion.

After Moore it is clear in Ontario that independent experts hired to give their opinion can consult with the lawyers who hire them on the drafting of the expert report. Such consultations must not impede upon the expert’s freedom to provide an objective, non-partisan opinion. If there is some indication of improper communication between lawyer and expert, the draft reports and other materials may become producible to the opposing side.31 The goal as highlighted in White Burgess and Moore to prepare a report that is responsive to the issues and assists the court in interpreting the evidence. If there are sufficient concerns

12 | CONSTRUCTION ECONOMIST | www.ciqs.org | Winter 2015

about the partisanship of the expert, the opinion may not be heard at all and may lose its credibility if it is. For experts, objectivity and independence is king.

1 2 R v Abbey, [1982] 2 SCR 24 at 42.

David M Pacciocco & Lee Stuesser, The Law of Evidence, 6th ed (Toronto: Irwin Law 2012) at 24.

3 White Burgess Langille Inman v Abbott and Haliburton Co, 2015 SCC 23, [2015] 2 SCR 182 at ¶14 [White Burgess] aff’g 2013 NSCA 66 [White Burgess, NSCA].

4 See e.g. White Burges, ibid at ¶ 14.

5 White Burgess, ibid at ¶ 15.

6 White Burgess, ibid at ¶26.

7 Moore v Getahun, 2015 ONCA 55 at ¶ 52 [Moore] rev’g 2014 ONSC 237; and see Henderson v Risi, 2012 ONSC 3459 at ¶ 19.

8 Rules of Civil Procedure, RRO 1990, Reg 194, r 4.1.01 [Ontario Rules] 9 Ontario Rules, ibid, r 4.1.01 10 Ontario Rules, ibid, r 53.03 11 Ontario. Civil Justice Reform Project: Summary of Findings & Recommendations (Osborne Report). (Toronto: Ministry of Attorney General, 2007) at 71 & 76 [“Osborne Report”].

12 White Burgess, NSCA, supra at ¶106-108; Nova Scotia Civil Procedure Rules, r 55.04 [NS Rules] 13 NS Rules, ibid, r 55.04(1)(c).

14 White Burgess, ibid; Moore, supra; Westerhof v Gee Estate, 2015 ONCA 206 [Westerhof] rev’g 2013 ONSC 2093 (Div Ct), leave to appeal denied 2015 CanLII 69447 (SCC).

15 White Burgess, NSCA supra at ¶ 122.

16 White Burgess, NSCA ibid at ¶ 59-60, 122126, 160-161.

17 White Burgess, supra at ¶ 45, 53, & 54.

18 White Burgess, ibid at ¶ 53.

19 White Burgess, ibid at ¶60-61.

20 2012 ONSC 1123 21 Moore, supra at ¶ 62.

22 Moore, supra at ¶ 55-56.

23 Moore, supra at ¶ 57-61.

24 Moore, supra at ¶ 70; Ontario Rules, r 31.06(3).

25 Moore, supra at ¶ 72 & 78.

26 Moore, supra at ¶ 77.

27 Westerhof, supra at ¶ 61.

28 Westerhof, supra at ¶62.

29 Westerhof, supra at ¶ 76 & 81.

30 Canadian Institute of Quantity Surveyors, Ethics and Professional Conduct, “Duties of a CIQS member to the public”, accessed 7 November 2015, online: <http://www.ciqs.org/english/ ethics-professional-conduct>.

31 Moore, supra at ¶ 77.

About the author Philip Carpenter is a lawyer with a background in mechanical engineering who practices construction litigation at Heal & Co. LLP. This article is meant as an overview for information purposes only and does not constitute legal advice. For any questions or concerns, please contact the author at pcarpenter@healandco.com.

Education Corner

David Lai, PQS (F)

CIQS busy with membership assessments

CIQS examinations The November 2015 examination session has just ended and, as I write this message, the answer papers are arriving at Head Office for marking.

Please note that the next session of examinations is May 2016 with an early-bird, registration deadline of December 31, 2015.

Final registration is March 1, 2016.

Accreditation initiatives The accreditation report for the Certificate of Professional Management specializing in Construction Management, offered by the University of Calgary, was completed and approved by the CIQS Council in September.

The accreditation review of the Bachelor of Technology in Construction Management (BTech-CM) program offered by the Northern Alberta Institute of Technology (NAIT) is currently underway.

Membership assessments The CIQS membership committee has been very busy with assessments since April 1, 2015. The statistics since then are shown at the right.

If you have any questions on education, please contact me at education@ciqs.org.

Membership Assessments – 2015 April 1 to June 30

Affiliate British Columbia

54

July

Aug.

5

2

Up To Nov. 13th

Sept.

Oct.

4

7

2

Total 74

Prairies and NWT

36

7

4

9

7

3

66

Ontario

63

16

6

17

15

5

122

Quebec

5

5

2

10

3

3

28

Maritimes

5

1

0

0

1

0

7

Newfoundland and Labrador Members at Large Total

2

1

0

0

3

0

6

31

11

5

11

7

2

67

196

46

19

51

43

15

370

Membership Assessments Breakdown – 2015 Affiliate

New

New – MRICS

New – Student

Re- Assessment

Total

British Columbia

61

3

8

2

74

Prairies and NWT

61

1

2

2

66

Ontario

84

2

26

10

122

Quebec

20

0

6

2

28

7

0

0

0

7

Maritimes Newfoundland and Labrador Members at Large Total

5

0

1

0

6

50

7

6

4

67

288

13

49

20

370

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Winter 2015 | www.ciqs.org | CONSTRUCTION ECONOMIST | 13

3rd Annual

CIQS Congress BEST PRACTICES for PROJECT DELIVERY – STRIVING for EXCELLENCE

June 24-26, 2016

The Old Mill Toronto • Toronto, Ontario

2016 CIQS Congress Event Program Friday, June 24, 2016 8:00am to 9:15am

Event Registration and Full Breakfast

Guild Hall

3rd Floor

9:15am to 11:00am

Technical Sessions – Breakout #1: “Business Case and Financing”

Balmoral

3rd Floor

9:15am to 11:00am

Technical Sessions – Breakout #2: “Project Budget and Cost Control”

Westminster

3rd Floor

11:00am to 1:00pm

Networking Lunch with Guest Speaker

Guild Hall

3rd Floor

1:15pm to 3:00pm

Technical Sessions – Breakout #3: “Project Execution Plan and Project Case Study”

Balmoral

3rd Floor

1:15pm to 3:00pm

Technical Sessions - Breakout #4: “Completeness of Contract Documents and Issue Management”

Westminster

3rd Floor

3:30pm to 4:30pm

CIQS Information Session (Designation Holders only)

Westminster

3rd Floor

5:00pm to 8:00pm

Cocktail Reception

Guild Hall

3rd Floor

Saturday, June 25, 2016 8:00am to 1:00pm

Clive Evans Living Golf Tournament

Royal Woodbine Golf Course

2:00pm to 4:00pm

Afternoon English Tea

Terrace Room

All Day

Free Day OR Group Activities • Tennis

York Old Mill Tennis Club

• Kayak or Canoe Tour of the Humber River

King’s Mill Park

• Bicycle Tour or Hiking on the Humber River

Humber River

• Scavenger Hunt on Bloor Street

Bloor Street

• “Pub-Hopping” on Bloor Street

Bloor Street

• “Russell’s Runners” in the Humber Valley

Humber River

6:00pm to 11:00pm President’s Dinner / Lois Metcalfe’s Retirement Celebration

1st Floor

Brule A and B

1st Floor

Humber Room

2nd Floor

Sunday, June 26, 2016 8:00am to 10:00am

Farewell Breakfast

For full program details please visit www.ciqs.org/english/congress.

14 | CONSTRUCTION ECONOMIST | www.ciqs.org | Winter 2015

Morning Sessions Technical Session – Breakout #1: Business Case and Financing Friday, June 24, 2016 from 9:15am to 11:00am • The Balmoral Room, 3rd Floor Session Introduction By: Mr. Joe Pendlebury, PQS(F), CIQS Past President 9:15am to 9:20am Moderator: Mr. Guy Smith, PQS(F), CIQS Past President 9:20am to 9:40am Presenter #1: Mr. Paul Hughes, Senior Director, Cost Consulting & Project Management, Altus Group:

The Process and Components for Establishing a Business Case to allow a Project to be deemed viable 9:40am to 10:00am Presenter #2: Mr. Sashen Guneratna, Managing Director, Infrastructure & Project Finance, PwC Canada:

Considerations, Mechanisms and Sources for Obtaining Timely and Appropriate Project Financing 10:00am to 10:15am Coffee/Networking Break 10:15am to 11:00am Panel Discussion, Q&A Session and Session Close-Out:

Guest panellist, Mr. Domenic Leadsom, PQS, Director, Turner & Townsend CM2R

Technical Session – Breakout #2: Project Budget and Cost Control Friday, June 24, 2016 from 9:15am to 11:00am The Westminster Room, 3rd Floor Session Introduction By: Mr. Ian Duncan, PQS(F), CIQS Past President 9:15am to 9:20am Moderator: Mr. George Evans, PQS(F), CIQS Past President 9:20am to 9:40am Presenter #1: Mrs. Susan Neil, PQS, Executive Vice President, Hanscomb Limited:

The Process of Establishing and Updating the Project Budget 9:40am to 10:00am Presenter #2: Mr. Darren Cash, PQS, Director, BTY Group:

The Cost Control Process During the Construction Stage of a Project 10:00am to 10:15am Coffee/Networking Break 10:15am to 11:00am Panel Discussion, Q&A Session and Session Close-Out:

Guest panellist, Mr. Mel Yungblut, PQS(F), Senior Partner, A.W. Hooker

Afternoon Sessions Technical Session – Breakout #3: Project Execution Plan and Project Case Study Friday, June 24, 2016 from 1:15pm to 3:00pm • The Balmoral Room, 3rd Floor Session Introduction By: Mr. Joe Pendlebury, PQS(F), CIQS Past President 1:15pm to 1:20pm Moderator: Ms. Linn Marron-Marshall, PQS(F), CIQS Past President 1:20pm to 1:40pm Presenter #1: Mr. David Stewart, Director, Project Management, The Cadillac Fairview Corporation Limited:

Key Components of Developing a Project Execution Plan and How This Interacts with Other Plans 1:40am to 2:00pm Presenter #2: Mr. Damian Joy, President, MHPM Development Solutions:

Project Case Study of a Successful Landmark Project 2:00pm to 2:15pm Coffee / Networking Break 2:15pm to 3:00pm Panel Discussion, Q&A Session and Session Close-Out:

Guest panellist, Mr. Clarel-David Flavien, Director, Macogep

Technical Session – Breakout #4: Completeness of Contract Documents and Issue Management Friday, June 24, 2016 from 1:15pm to 3:00pm • The Westminster Room, 3rd Floor Session Introduction By: Mr. Ian Duncan, PQS(F), CIQS Past President 1:15pm to 1:20pm Moderator: Mr. Harland Lindsay, PQS(F), CIQS Past President 1:20pm to 1:40pm Presenter #1: Mr. Richard Wong, Partner, Osler, Hoskin & Harcourt LLP:

How to Ensure Completeness of Contract Documents 1:40am to 2:00pm Presenter #2: Mr. Glenn Ackerley, Partner, WeirFolds LLP:

Various Issues that Occur During the Life of a Project and the Approaches to Issue Management 2:00pm to 2:15pm Coffee / Networking Break 2:15pm to 3:00pm Panel Discussion, Q&A Session and Session Close-Out:

Guest panellist, Mr. Sergio Callocchia, PQS, Vice-President, LCO Construction and Management Consultants Ltd.

Winter 2015 | www.ciqs.org | CONSTRUCTION ECONOMIST | 15

3rd Annual CIQS Congress

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16 | CONSTRUCTION ECONOMIST | www.ciqs.org | Winter 2015

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Winter 2015 | www.ciqs.org | CONSTRUCTION ECONOMIST | 17

No payment, no problem Lien Legislation reform which makes sense and saves dollars Preamble: One of the primary purposes of the Construction Lien Act, R.S.O. 1990, CHAPTER C.30 (the “CLA”), and General, RRO 1990, Reg 175 (the only Regulation under the CLA) is to provide a mechanism which would permit the creation of a collateral security, with respect to amounts unpaid for services and materials supplied to the improvement of land. The collateral security is created by way of a lien against the premises. However, once the prescribed period for registering a lien has expired, a collateral security is no longer able to be created.

Contractors (including Subcontractors, Sub-subcontractors and Suppliers) face a conundrum when deciding whether or not to register a lien prior to the relevant expiration of their lien rights.

The conundrum exists due to the fact that a progress application (or progress applications) under the contract may not be due; however, because substantial performance of the contract has been certified, if those due amounts are not received prior to the expiration of the rights to register a lien, the lien rights will be relinquished.

Potential Solutions: Two conceivable options to be considered with the intent of creating a mechanism which could ensure that lien rights do not expire during this period are Option No.1: A ‘tolling agreement;’ or Option No.2: An ‘interim lien.’ Every Province and Territory

in Canada under a Common Law legal system has Provincial/Territorial Statues which are intended to provide rights and remedies for those who supply services or materials or both, with respect to the improvement of land. Throughout the Provinces and Territories, Statutes vary by title (Builders Lien Act, Construction Lien Act, Mechanics Lien Act), expiration of rights for registering a lien (30 days to 90 days), prescribed periods for retaining holdback (30 days to 60 days*)1 (Lal, 2013), and the amount withheld as holdback (ranging from 7.5% - 20%).

Quebec is Canada’s only province which is not under a Common Law legal system; however, Quebec’s Civil Law legal system provides for a similar rights and remedies under the Civil Code of Quebec, a legal hypothec which is commonly referred to as a ‘construction hypothec.’ In Ontario, under the CLA, section 22 and 31 address 1) Expiration of rights for registering a lien; 2) Prescribed period for retaining holdback; and 3) Amount withheld as holdback which we would explore further.

occurrence of the earlier of, (i) the date on which a copy of the certificate or declaration of the substantial performance of the contract is published as provided in section 32, and (ii) the date the contract is completed or abandoned.2 (Ministry of the Attorney General, 2011) 2) Prescribed period for retaining holdback s. 22. (1) Each payer upon a contract or subcontract under which a lien may arise shall retain a holdback equal to 10 per cent of the price of the services or materials as they are actually supplied under the contract or subcontract until all liens that may be claimed against the holdback have expired as provided in Part V, or have been satisfied, discharged or provided for under section 44 (payment into court).

R.S.O. 1990, c. C.30, s. 22 (1).

Key Points 1) Expiration of rights for registering a lien s. 31. (2) Subject to subsection (4), the lien of a contractor, (a) for services or materials supplied to an improvement on or before the date certified or declared to be the date of the substantial performance of the contract, expires at the conclusion of the fortyfive-day period next following the

18 | CONSTRUCTION ECONOMIST | www.ciqs.org | Winter 2015

• The inherent flaws of the CLA • The need for legislative reform of the CLA • The relative ease of reforming the CLA • The negative impacts as a result of these flaws • Create greater awareness of obligations/rights

3) Amount withheld as holdback s. 1 (1) ‘holdback’ means the 10 per cent of the value of the services or materials supplied under a contract or subcontract required to be withheld from payment by Part IV; and s. 22 (1), as noted in 2. Prescribed period for retaining holdback.

Lien Legislation’s Interface with Commercial Agreements: There are a number of forms of contract which are used in the Province of Ontario between Owners and Contactors for the execution of construction projects. Often Owners in the Public and Private sectors use standardized forms of contract. One of the most widely used standard forms of contract for ‘lump sum’ agreements is the CCDC 2 - 2008 Stipulated Price Contract3 (Canadian Construction Document Committee, 2015) (“CCDC 2”). CCDC 2 contains provisions which address the payment of holdback: GC 5.5 PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK, 5.5.4; [i]n the common law jurisdictions, the holdback amount authorized by the certificate for payment of the holdback amount is due and payable on the first calendar day following the expiration of the holdback period stipulated in the lien legislation applicable to the Place of the Work. Where lien legislation does not exist or apply, the holdback amount shall be due and payable in accordance with other legislation, industry practice or provisions which may be agreed to between the parties.

CCDC 2 contains provisions which address payment; GC 5.2 APPLICATIONS FOR PROGRESS PAYMENT, 5.2.2; [a]pplications for payment shall be dated the last day of each payment period, which is the last day of the month or an alternative day of the month agreed in writing by the parties.

GC 5.3 PROGRESS PAYMENT, 5.3.1; [a]fter receipt by the Consultant of an application for payment submitted by the Contractor in accordance with GC 5.2 -

APPLICATIONS FOR PROGRESS PAYMENT: 1. the Consultant will promptly inform the Owner of the date of receipt of the Contractor’s application for payment, 2. the Consultant will issue to the Owner and copy to the Contractor, no later than 10 calendar days after the receipt of the application for payment, a certificate for payment in the amount applied for, or in such other amount as the Consultant determines to be properly due. If the Consultant amends the application, the Consultant will promptly advise the Contractor in writing giving reasons for the amendment, 3. the Owner shall make payment to the Contractor on account as provided in Article A-5 of the Agreement - PAYMENT on or before 20 calendar days after the later of: – receipt by the Consultant of the application for payment, or – the last day of the monthly payment period for which the application for payment is made.

If the Contractor, Consultant and Owner all meet their obligations with respect to the payment process prescribed in the CCDC 2, the following timeline would apply; 1. application for progress payment submitted on January 31, 2015 2. certificate for payment issued on February 9, 2015 3. payment made on February 28, 2015 What if the date the contract is certified to be substantially performed is January 1, 2015?

1. application for progress payment submitted on January 31, 2015 2. substantial performance of the contract certified on January 10, 2015 3. certificate for payment issued on February 9, 2015 4. lien expires on February 24, 2015 5. payment made on February 28, 2015 In the preceding example, there is a four day gap between the expiration of lien rights, and the date in which payment for a progress application is due. Since the progress payment is for services or materials supplied subsequent to the date

certified to be the substantial performance of the contract, the risk of allowing lien rights to expire would be limited to the amount which proceeded the date the contract was certified substantially complete i.e.

January 1, 2015 – January 10, 2015.

In Practice, not Theory: The majority of times, the CCDC 2 is used with supplementary conditions. This holds true with Owners in the Public and Private sectors, as supplementary conditions form part of the contract, and amend the general conditions to the extent intended.

Payment terms are generally one of the most amended conditions, extending the payment period from 20 days to 30, 45, 60 or even 90 days from the date or event which triggers the commencement of the payment period. Subcontractors face even longer payment periods, as Contractors generally build in additional periods to provide them an opportunity to allow the amounts to flow, following receipt of their payment in accordance with the Prime Contract. One of the most widely used standard forms of subcontract for ‘lump sum’ agreements is the CCA 1 – 2008 Stipulated Sum Subcontract4 (Canadian Construction Association, 2015) (‘CCA 1’). CCA 1 contains provisions which address payment; ARTICLE 6 – PAYMENT, 6.2; [t]he Contractor shall pay the Subcontractor, no later than 30 calendar days after the Submission Date or 10 calendar days after the date of a Consultant’s certificate for payment whichever is later…

Unamended by supplementary conditions, this provision adds 10 days to the payment period; therefore, in the example above, there is a 14 day gap between the expiration of lien rights, and the date in which payment for a progress application is due. If we consider a payment period of 60 days5 (Prism Economics and Analysis, 2013) in the next example, the following timeline would apply; 1. application for progress payment submitted on January 31, 2015 2. substantial performance of the contract certified on January 10, 2015 3. certificate for payment issued on February 9, 2015 4. lien expires on February 24, 2015 5. payment made on April 10, 2015

Winter 2015 | www.ciqs.org | CONSTRUCTION ECONOMIST | 19

In the preceding example, there is a 45 day gap between the expiration of lien rights, and the date in which payment for a progress application is due.

In both examples there exists a significant issue whereas services or materials supplied to the improvement of land may lose their statutory rights to attach to a lien to the premises, forming a collateral security. This issue is amplified for Subcontractors, and other supplies further down the payment chain due to extended payment periods, and generally diluted rights with the Contractor, and limited contact with the Owner. This ‘gap period’ can span several progress applications. In addition to the timelines which occur by design of the contract, there are also unintentional delays which add to the overall timeline as a result of actions or inactions of the Contractor, Consultant and Owner. As noted in the opening of this article, two options which should be considered to create a mechanism to ensure that lien rights do not expire during this period are as follows; Option No.1: The simplest, and perhaps most effective approach to ensuring that lien rights do not expire during the gap period could be achieved by amending the CLA to provide for a mechanism which would permit an agreement to be made between the Owner and a Contractor or a Subcontractor, which would stop the clock by suspending or extending the prescribed period.

This type of agreement is commonly referred to as a ‘tolling agreement,’ and exists under other Provincial / Territorial Statutes. In Ontario, the Statute is the Limitations Act, 2002, S.O. 2002, CHAPTER 24 Schedule B, and a tolling agreements is addressed under s.22 (3); [a] limitation period under this Act, other than one established by section 15, may be suspended or extended by an agreement made on or after October 19, 2006. 2006, c. 21, Sched. D, s. 2; 2008, c. 19, Sched.

L, s. 4 (1). If a similar provision was included in the CLA, standard forms of contract such as the CCDC 2 and the CCA 1 could easily be amended to include the change.

Option No.2: Another fairly simple and effective approach to ensuring that lien rights do not expire during the gap period, could be achieved by amending the CLA to provide for a mechanism which would permit an ‘interim’ lien to be registered. The current process for registering a lien is onerous, costly and time consuming. There are a number of mandatory steps in the process including title searches, lien preservations, lien perfections and ultimately, the commencement of a lien action. An interim lien could be used as a ‘place holder,’ with a less complicated registration process i.e. issuance by registered mail to the Owner or to the Contractor with copy to the Owner (in the instance of a Subcontractor, Sub-subcontractor or Supplier), reduced features i.e. not cut-off the flow of funds to others, and a prescribed expiration period i.e. 60 days from the date of registration. An interim lien would simply dissolve if a related lien was subsequently registered or upon its expiration. In addition to ensuring that the right to register a lien does not expire, and of greater fundamental importance, both options provide an opportunity for the people involved to rectify any issues which may lead to the registration of a lien by providing additional time, and a less adversarial approach. The provision for

a tolling agreement or an interim lien could help avoid costly lien actions and litigation, and countless other time and cost consuming activities for the people tasked with pursuing a lien, and those tasked with defending a claim.

Lien actions also cost our legal system a considerable amount of money in addition to the costs borne by the commercial participants, and ultimately have a negative impact on the total costs of construction for the end users. Either of the aforementioned options would significantly improve the way business is conducted in the Canadian Construction Industry with respect to lien legislation, and would ultimately lead to less reliance on the legal system and lower construction costs for all parties involved in the process.

About the author: Arran D.J. Brannigan, MBA, LL.M (Deg Cand), PQS, CCCA, GSC, is a senior construction executive whose principal focus has been on General Contracting in the Industrial, Commercial and Institutional sectors of the Canadian Construction Industry.

*Saskatchewan: When the contract price is greater than $25 million and the contract provides for a completion schedule longer than 1 year, the holdback period is 40 clear days after the yearly anniversary. *Newfoundland and Labrador: If the value of the project is greater than $20 million or the contract is longer than 1 year, 30 days after last services or material s are provided.

1

The Construction Lien Act, R.S.O. 1990, CHAPTER C.30, s.31(2)(b) deals with; “services or materials supplied to the improvement where there is no certification or declaration of the substantial performance of the contract, or for services or materials supplied to the improvement after the date certified or declared to be the date of substantial performance” s. 31(3) deals with; “the lien of any other person”, provides similar language to that of s.31(2), and also provides for a ‘forty-five day period.’

2

3

The Canadian Construction Documents Committee (CCDC) is a national joint committee responsible for the development, production and review of standard Canadian construction contracts, forms and guides. Formed in 1974, the CCDC includes two owner representatives from each of the public and private sectors, as well as appointed volunteer members of the following four national organizations: 1) Association of Consulting Engineering Companies-Canada; 2) Canadian Construction Association; 3) Construction Specifications Canada; and 4) Royal Architectural Institute of Canada.

4

Established in 1918, Canadian Construction Association’s (CCA) vision is to build Canada with ethics, skills and responsibility. CCA’s mission is to be the national voice for the Canadian construction industry.

5

The average payment period is approximately 60 days, considering the majority of Public and Private Owner contracts researched. Findings of this survey are a result of population sampling over an extended period of time. In addition, a paper by Prism Economics and Analysis (2013) The Need for Prompt Payment Legislation in the Construction Industry, cited the Average Collection Period (Days) for Receivables: Construction Industry compared to All Non-Financial Businesses, 1999-2011 (Canada) Based on Statistics Canada, CANSIM, Table No. 180-0003, was 69.2 days in 2011.

20 | CONSTRUCTION ECONOMIST | www.ciqs.org | Winter 2015

QUANTITY SURVEYORS, ESTIMATORS, PLANNERS A leading Cost Consulting and Project Management firm requires the following candidates for its Montreal and Ottawa offices: Junior, intermediate and senior level Q.S.’s, Estimators and Planners with experience on: • Commercial and institutional projects • Industrial projects (oil/gas, refineries, mining, metallurgical).

We offer competitive salaries, benefits, training and potential for growth. Relocation assistance will be provided.

We sincerely thank all applicants, but only those candidates which meet our requirements will be contacted.

Please send resume in strictest confidence to: LCO - Construction and Management Consultants Inc. Fax: 514-846-8913 | Phone: 514-846-8914 | E-Mail: MONTREAL@LCOGROUP.COM

Winter 2015 | www.ciqs.org | CONSTRUCTION ECONOMIST | 21

INTERNATIONAL MEMBER INTERVIEW

Laeeq Hassan How long have you been a Quantity Surveying professional?

For over 20 years I have been providing services as a Cost Consultant and Consultant (Engineer’s Representative) in Quantity Surveying and commercial/ contracts management, in Pakistan, United Arab Emirates (UAE), Oman, Qatar and Kingdom of Saudi Arabia (KSA). I started my career as an assistant quantity surveyor in Karachi, Pakistan in 1993 and relocated to Dubai, UAE in 1999, where I worked for 12 years on challenging engineering and construction projects.

When did you join Currie & Brown and what is your role?

In 2012, I moved to Qatar and joined Currie & Brown – a large, international, asset-management and construction consultancy headquartered in the UK. I was initially seconded by Currie & Brown to the Qatar Government, where I led an infrastructure department, with a specific role to manage payments and variations on the Doha Expressway Project. In 2013, I was transferred to KSA to assist the company’s project director in establishing the KSA business, and to deliver the core services that essentially define Quantity Surveying.

What is your current role and scope of responsibilities?

I am engaged on a cost-plus contract for the expansion of the Prophet Mosque in Madinah, KSA where I manage various site teams such as: civil and architectural works; mechanical, electrical and plumbing works; resources manpower and equipment; material inspections; and site administration. I represent

Laeeq Hassan MSc (QS), FRICS, PQS, ACIArb

I am very passionate about mentoring and assisting CIQS candidates, regionally and internationally.

Currie & Brown at meetings, and deal with day-to-day issues, working closely with the owner‘s and the contractor’s senior staff. I also ensure compliance with the company’s corporate policies, such as health and safety. At the core of our services is ensuring that we adhere to international best practice processes and prevailing policies and procedures.

How and when did you achieve your PQS Designation?

A significant professional development for me was when I became a Chartered Quantity Surveyor in 2011, subsequently upgraded to fellowship. This major milestone cemented a professional outlook that has become a continuous learning experience. In 2013, I applied for and was granted professional membership of the CIQS. I was very pleased to achieve the designation of PQS and I proudly use the title.

How are you contributing to your profession?

I am very passionate about mentoring and assisting CIQS candidates, regionally and internationally. It has been equally pleasing for me that I have supervised and counselled many candidates seeking professional designations in Quantity Surveying. This has included aspiring professionals from the Middle East, Pakistan and India which has augmented well with my experience in commercial and project management within the

22 | CONSTRUCTION ECONOMIST | www.ciqs.org | Winter 2015

construction industry. Our industry is diverse in geography and it has been very pleasing to contribute to this.

Can you give us an example of projects that you have worked on?

I have been fortunate to have been engaged in the construction of some world-class projects such as: the tallest building in the world, Burj Khalifa; UAE’s largest interchange/underpass; the largest expressway project in Qatar; and the world’s second-largest mosque project in KSA. Every project was unique: with distinct nuances, challenges and opportunities.

What types of professional services have you provided?

I have provided services in various procurement formats such as: design/ build, traditional and other routes including construction management.

These services include: • reviewing, finalizing, issuing and monitoring site inspections/ monitoring schedules; • organizing, developing and delivering the agreed scope of service for projects, monitoring subsequent performance, and taking corrective action where appropriate; • reviewing and finalizing monthly resources reports and quantity reports.

• reviewing and finalizing contractor payment applications (IMP and equipment), and processing recommendations for client approval.

Infrastructure Project of tallest building in the world, Burj Khalifa – Dubai

What is your involvement with Continuing Professional Development (CPD)?

I conduct CPD events on various competencies in the Middle East and within the firm, and I have been invigilating CIQS exams in KSA. I believe that CPD is very important to ensure knowledge of the latest developments in the construction industry and to refresh/enhance quantity surveyors’ knowledge. The points and hours requirements for CPD can easily be achieved through seminars, webinars and reading relevant study materials.

Doha Expressway Project – Qatar

UAE’s largest interchange/underpass – Dubai

What have you achieved from an academic viewpoint and development of our profession?

Academically, I achieved my HND in Civil Engineering in 1992 and a Bachelors of Science in Statistics in 1995 from Pakistan. In 2009, I attended Heriot Watt University in Edinburgh, Scotland and obtained an MSc in Quantity Surveying.

My efforts to enhance and promote the profession of Quantity Surveying were recognized by the Quantity Surveyors Association of Pakistan (QSAP) (www. qsapk.com) and I was elected as the first Chairman (Global) of QSAP in 2012, a post which I am very pleased to hold.

WITH MORE THAN 200 MANDATES COMPLETED IN JUST ONE YEAR, WE’RE AT THE TOP OF OUR FIELD. TRUST US FOR YOUR GOVERNANCE AND PROJECT MANAGEMENT NEEDS.

Are there career opportunities for Quantity Surveyors in the Middle East?

There is no doubt that opportunities exist for Quantity Surveyors and the PQS designation is a definite asset.

The booming construction market in the Middle East – particularly in railways, infrastructure and high-rise buildings – is providing opportunities for Quantity Surveyors in areas such as pre- and post-contract construction management. Anyone interested to in exploring this market should feel free to approach me at laeeqhassan@hotmail.com.

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Winter 2015 | www.ciqs.org | CONSTRUCTION ECONOMIST | 23

Professional Sustainability Corner

Leader or Spectator

Craig Woodall

We all recognize the need for change but implementing change, and more importantly leading ourselves and our organizations through it, is a much more difficult task. This article, the first in a series that will explore professional sustainability, will delve into the challenging world of change and help us understand why it is so difficult, and why transformational change initiatives so often fail.

Are we ready for Change or is it more of the same?

When we mention the word ‘change,’ chances are that our minds automatically start thinking about Change Management in the context of engineering and construction, including the well-developed tools and processes associated with changes to scope, budget or schedule. Good change management is a fundamental skill set required on all successful projects and has been a tool used by Quantity Surveyors for decades, which is why I am not going to delve into it in this article. Instead, the focus for this article is an altogether different type of change, the type that creates a different future, change that alters the foundations of how we as professionals work and what we deliver.

We live in a time of exponential change; we always have. Take communications as an example. It took over 1,000 years to move from smoke signals to carrier pigeons, 250 years to progress from semaphore to Morse code but then only 30 years more to develop the telephone. By the early 20th century, commercial radio was developed but, within just five years, TV was to become the medium for the next generation. With the advancements in technology, we have moved through cell phones, emails, social media and a variety of other technologies within the past 30 years. This is just one example, change is exponential and, as a result, it will continue to happen at a faster rate than ever before. So are we ready for it? Are we as prepared as we need

to be to take our profession, and the industry as a whole, forward into the unknown?

Before we try and answer those questions let us get back to the definition of change. Robert E. Quinn defines it very well in his book Deep Change. He suggests that there are two types of change: Incremental Change and Deep Change. Incremental Change involves a series of well-defined steps which, if followed, will result in a desired outcome, an outcome that was known at the beginning of the process. Throughout the Incremental Change process we feel in control, and at any point the change can be reversed. In fact the principles of good change management are all based around Incremental Change. A Deep Change on the other hand is defined as one that requires a new way of thinking and behaving. The outcome is often unknown and is certainly not guaranteed, the process is almost always irreversible. Quinn goes on to define a Deep Change as the equivalent of ‘walking naked into the land of uncertainty.’ The profession of Quantity Surveying is facing the need for such a change but, as Quantity Surveyor’s, all our training and expertise warns us against such reckless risk taking.

The situations that we face that require Deep Change are far-ranging, and include everything from technology, which makes elements of the profession obsolete, to how we develop succession plans for an unknown future. By way of example, technological advances in the past two decades mean that the

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generation that is graduating in the next 10 years has grown up in a world far different from the one that most of us did. Their styles of work, capacity for development, yearning for opportunity and many other traits are so wildly different from the previous generation that we are faced with a choice. Do we implement some incremental change to accommodate them until they learn how things are done in the ‘real world,’ or do we push for Deep Change that will involve our profession understanding their ‘new world’ and adapting to it?

The obvious answer is of course Deep Change, but how we go about it and what it will do to us all sounds very risky! First, we need to understand how change affects us. As we saw in the recent Federal election, there was a call for change but, in reality, how many of those who posted on social media about the need are actually prepared to change something that affects them personally? I would suggest that only a small percentage is actually prepared to give something up for the advancement of society.

This is because the majority of us suffer from an inbuilt fear of failure, a fear that we may not measure up to our expectations of ourselves and, more importantly, the expectations we believe others have of us. To push a Deep Change initiative, with no guarantee of success and no clear picture of what the future might be, means we have to let go of our fear of failure and ‘build the bridge as we walk on it.’

The World is changing, the construction industry will change, and it is down to each and every one of us to muster the courage to help our profession change with it.

Well that sounds easy, I hear you say! You are right. It is extremely difficult, but let us look at failure: by its definition it is usually associated with a negative outcome; however, some of the best inventions of our time have come directly as a result of failure.

Look at the Dyson vacuum cleaner.

James Dyson developed over 5,000 prototypes before building the hugely successful vacuum cleaner that we are all familiar with. Bubble wrap, was originally designed as a new wallpaper in the 60’s and, when that did not work, it was marketed as insulation for houses. Only after two failures did IBM then decide to use it to wrap computer parts for delivery. WD40 is called that because WD1 to WD39 all failed.

There are countless examples of great things coming from failure, so we need to treat failure as a learning experience and a step further along our journey.

We should not allow it to slow our drive for change.

Once we get past the fear of failure, we still need to overcome our Ego. That is right, we all have one. We also have an associated ‘Ego Defence Mechanism’ that really does not want us to be wrong. By its very nature, Deep Change means that we cannot know all the answers; we cannot be right about everything. The sooner we let go of the notion that ‘I am right and you are wrong’, and accept that the solution and path forward are probably a combination of our two points of view, only then can change start to happen. The next time you are in a heated discussion and you know you are right, just imagine for a moment

that you are not, step back and try and take a neutral view on the topic. As Wayne Dwyer stated, “If you change the way you look at things, the things you look at change”.

So, once we have overcome our own personal fear of failure and have checked our ego at the door, the implementation of a change should be straightforward? If only it was that easy.

As a leader of change it is important that you understand your fears and how your ego can affect you. Once you have developed the self-awareness to push forward with change yourself you now have the unenviable task of convincing those around you that the change is needed. There will be the early adopters (less than 15%) who will immediately get on board and take an active role.

(They are the same people who line up in the rain overnight to purchase the next generation of IPhone.) Then there are those who, with sufficient information communicated in an appropriate way, will eventually come around to the idea of change.

There will of course always be a small percentage of the population that will resist change and harp back to the ‘good old days.’ Your challenge as a leader of change is to convince the majority who are open to the idea that the change is in fact needed and will ultimately lead to a brighter future.

Remember that, however hard you try it is impossible to change somebody; that is a task individuals must do for themselves. As the leader, your role is to create the environment in which people feel more able and willing to embark on the change process for themselves.

There are many books written on this subject, which I am not going to try and summarize here. Needless to say, it takes commitment, time and, most importantly, belief from you as the leader to drive the change process.

So, back to those first two questions, are we ready for the change and are we prepared to do what it will take?

I put it to you that the profession must engage change; the world around us is changing at a fast pace. History has shown us that when a company or profession denies the need for change, the change will happen anyway and their future may not be what they had hoped for. Think about Blockbuster in the 90’s, a global powerhouse in the movie rental business, in 2000, it had the opportunity to purchase Netflix for only $50million. It chose not to. By not adapting to the changing technology and the shift in consumer demands, it effectively sentenced its organization to a quick and painful death. The world is changing, the construction industry will change, and it is down to each and every one of us to muster the courage to help the profession change with it. We do however have a choice, we can choose to lead the change as an active participant, or watch from the sidelines as an unwilling spectator, I know where my vote goes.

About the author Craig Woodall is the President and Owner of Byng Leadership Inc. He has over 25 years of experience leading teams, projects, organizations and individuals. His passion is Leadership Development, helping people and organizations grow by maximizing their leadership potential.

Winter 2015 | www.ciqs.org | CONSTRUCTION ECONOMIST | 25

Female voices heard around CIQS Board table T

his year, three women sit on the national CIQS Board – Wendy Hobbs, President of CIQS Prairies & Northwest Territories, Angela Lai, PQS, President of CIQS British Columbia, and Sheri Thompson, PQS, President of CIQS Ontario – ending the dearth of female representation on the Board that has lasted for more than 20 years.

“We haven’t had a woman on the Board since the early 1990s when Linn Marron Marshall of Ontario served as CIQS President,” recalled Wendy Hobbs. “This year, we have three women on the Board and three women serving as Presidents of their respective affiliates. That’s progress.”

The women of the CIQS offer a rich array of skills and talents to the organization and to the industry. Consider the following excerpts from the History of the Canadian Institute of Quantity Surveyors, CIQS 50 Years 1959 - 2009, published in 2009. The first three PQS ladies in our institution, all pioneers, all still active and very successful: • Lesley S. Wilson, British Columbia – 1972. Born in Scotland, Lesley was educated at the B.C. Institute of

Technology, the only woman in her class. After extensive experience in Canada and the United States, she founded Concost Consultants Inc. Lesley is President of Concost Consultants Inc., part of the Concosts Group.

• Linn Marron Marshall, Ontario – 1983.

Born in Ireland, Linn first trained as a registered nurse. The same year she graduated, she immigrated to Canada and decided to change her career. Linn enrolled in the Construction Engineering Technology program at Fanshawe College, with campuses located in various Ontario communities, and graduated in 1982. That same year, she formed her own company, Marshall & Murray Inc., which has grown to include offices in London, Toronto and Ottawa.

She continues to serve as President of Marshall & Murray Inc. Linn became active in CIQS in 1983, serving as the London Chapter representative.

She worked her way up the ladder, becoming the first female OIQS President in 1989. She was elected the first female CIQS President in 1990.

Linn was awarded CIQS Fellowship in

Wendy Hobbs

Angela Lai

Sheri Thompson

2000 and the prestigious CIQS Award of Merit in 2002.

• Leslie Yott, Ontario – 1989. Canadianborn Leslie got her taste for the profession from being a member of a construction family. She and Linn Marron Marshall attended the same course at Fanshawe College, and also graduated in 1982.

Leslie worked at Ellis Don during her eightmonth co-op and joined the firm full time in the estimating department, becoming Chief Estimator for the Southwestern Ontario Region. Leslie continues to serve in that capacity.

A quick scan of the number of female CIQS members over the history of the Institute underlines the encouraging trend toward greater gender equity. Before 1990, there were only five female members. In the 1990s, that number rose to 21. Since 2000, CIQS has attracted 219 women, 10 times the number attracted only a decade earlier.

Submitted by: Wendy Campbell, ABC, Editor, Cost Connections newsletter CIQS Prairies & Northwest Territories

Now available The CIQS is pleased to announce the release of the 6th edition of Canadian Building Law. This sixth edition expands upon and updates the content of the previous edition and is presented by the seven contributing authors as a practical guide for all persons involved in the construction industry.

Owners, contractors, sub-contractors, developers, quantity surveyors, architects, specification writers, lawyers and others will find this text useful as a reference and will benefit from the valuable information contained in this book.

Universities and colleges will also find the text useful in the classroom as instructional material as will students studying towards the Institute’s examinations. The text covers a broad range of topics including: • Forms of Contracts • Tendering and Contract Execution • General Conditions of a Construction Contract • Construction Specifications • Sub-contracting • Mechanic’s and Builder’s Liens • National Building Code; Description and Applications • Arbitration

26 | CONSTRUCTION ECONOMIST | www.ciqs.org | Winter 2015

• Mediation • Expert Witness This comprehensive look at the construction industry is presented in a non-legal framework and is not intended to provide legal advice on any specific issue.

ISBN # 978-1-896606-29-6 Members: $60.00 Non-Members: $90.00 Order your copy now Important: You must login to get the member’s price.

Are you an aspiring Estimating Professional/ Professional Quantity Surveyor?

New Education Policy Guidance Notes Recent Graduate, Associate, Mature Candidate or Direct Finalists are encouraged to review their current membership status to establish if it is time to progress towards Construction Estimator Certified (CEC) and Professional Quantity Surveyor (PQS) status.

The CIQS is pleased to announce the implementation of new Education Policy Guidance Notes which confirm that the requirements for becoming a CEC and PQS have been streamlined in an attempt to assist aspiring professionals to achieve these much sought after professional designations.

For more information, please visit the CIQS website www.ciqs.org. The new Education Policy Guidance Notes are located in the ‘Members Only’ section (members must log-in to gain access) under the ‘Education’ tab (drop down menu will have ‘Policy Guidance Notes’).

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Winter 2015 | www.ciqs.org | CONSTRUCTION ECONOMIST | 27

Aspiring Professionals Corner

Student Membership with CIQS: What are my benefits?

T

alk to most students today and one of the more common responses to the question, “how is school going?” is an exasperated sigh, followed by, “I AM STRESSED OUT!!!!”

On a college or university campus, most students will tell you they are continually being bombarded with demands that often exceed the levels they feel they are capable of handling or maintaining for any extended period of time. Throw in the imminent reality of a career on the horizon, a mortgage not yet initiated and a family not yet conceived – it is not difficult to see why students would feel elevated levels of stress.

Some students would argue that taking on yet another responsibility at this juncture in their already busy lives would be counterproductive and even perhaps nonsensical.

Given the number of responsibilities that they juggle on a daily basis, Student Membership may not be among their top priorities. After all, membership in a professional association often entails get-togethers and meetings and what student has time for more meetings and activities? Such thinking can cause you to miss out on the numerous benefits that Student Membership offers.

If your ultimate goal as a student enrolled in a college or university program is to achieve gainful employment and establish a career, then why would you abandon or shy away from an opportunity that could help you get there – quicker, or even at all? It is not necessary (or even wise) to complete your program of studies prior to getting active in your field of interest. Joining a professional association like the Canadian Institute of Quantity Surveyors (CIQS) as a Student Member affords you the opportunity to start preparing for your future – today.

What is a Student Membership?

A Student Member in CIQS is a membership category reserved for college and university students enrolled in a full-time approved program of studies.

Signing up as a Student Member takes a few moments of completing an online application form and is accompanied by an annual fee of…… NOTHING! As you are already spending a lot of funds towards tuition, accommodations, transit, meals and books – we thought a FREE membership was a nice touch and an added encouragement for you to join!

If you have any aspirations of launching your career on the right path (even before it has actually commenced), joining a professional association like CIQS as a Student Member is a fabulous start. CIQS operates as a synergistic association, which means the collective efforts of likeminded students are greater than the sum of its individual parts. So, how exactly can Student Membership with CIQS benefit and help to further your career goals? While the benefits are many and the online examples plentiful, I will touch upon two distinct, yet interrelated, benefits and draw conclusions from my own personal experiences.

Student Membership benefit #1: Networking Networking is a term I first started hearing while completing my undergraduate studies. And as often is the case with a student, I did not fully comprehend its relevance (or even its full meaning) until I graduated and entered the workforce.

So what exactly is networking? One online definition is as follows: “To interact with other people to exchange information and develop contacts, especially to further one’s career.”

For a lot of us, creating and maintaining professional relationships is paramount to sustained growth in the construction industry. So, how does one go about even starting this process of networking as a Student Member? First of all, being a Student Member of CIQS is a fabulous way to learn more about your future industry.

Assuming you devote the entirety of your

28 | CONSTRUCTION ECONOMIST | www.ciqs.org | Winter 2015

Lenny Simonelli, PQS(F)

career to some aspect of the construction industry, you will be investing the next five decades of your life to this cause, so why not find out as much as you can about it right off the bat!?!

This networking aspect of Student Membership with CIQS is vitally important.

Whilst attending the various events the Institute has to offer, including Annual General Meetings (AGM), national Congress events, seminars, workshops, golf tournaments, etc., you will be exposed to many influential individuals, many of whom can be incredibly helpful in assisting you with your eventual search for gainful employment. These events will serve as opportunities for you to mix and mingle with others in your field in both professional and leisure settings. This network is also a repository of knowledge and experience that can be instrumental in helping you succeed in your career.

Once this networking foundation is in place, you will then begin to deepen existing business relationships and make new contacts on a regular basis. Such networking goes far beyond the simple exchange of business cards – as you attend periodic meetings, become active on one or more of the various committees or even take a prominent leadership role, you will forge lasting ties with others who have common professional interests and similar business concerns. These relationships will be rich, ongoing sources of inspiration, ideas and employment.

Joining CIQS as a Student Member is a win-win situation for you because while you are networking with professionals, you are simultaneously being praised for taking the initiative to learn more about your particular field of interest. For those students looking for a job after graduation, how amazing would it be to sit in a room where everyone you are speaking with is a potential employer!?! My membership with CIQS as a Student Member alone did virtually nothing

for me until I began investing my time and energies and started networking with fellow members and colleagues.

Student Membership benefit #2: Mentoring “No man stands so tall as when he stoops to help a child.” – Dr. James C. Dobson Another benefit of enhancing your network is that you may find a mentor to help you with your professional needs or you may be in a position to become a mentor to someone else one day down the road. Giving back can be both the greatest reward and benefit.

Student Members of CIQS often take advantage of formal or informal mentoring relationships with some of our more experienced members who provide guidance and useful insights. In the case of informal relationships, many students often find their mentors can be a viable source of answers and solutions during times of facing challenging situations with their studies or professional development. In any case and in every circumstance, the feeling that you have a support network behind you can boost your confidence when such problems arise. Fred Smith Sr. once said, “The job of a mentor is to open a window; the right window. And then point to the best path.”

Upon successful completion of the stringent academic and work experience required to achieve my PQS designation with the Institute, I had very little involvement in any of the affairs of CIQS, until one fateful day when I had the pleasure of meeting an individual who would help set me on a new course. As a Student Member, I was also the beneficiary of the monthly newsletters, so when I met this individual, I instantly recognized his name as one of the senior Board members in Ontario.

When he asked me why he had never seen me at any of the meetings or events, I ignorantly responded with, “what events?”

This gentleman explained that I needed to get involved if I was to have any real benefit of belonging. I heeded his advice and he proved to be the very first of many mentors the Institute has provided me.

That gentleman’s name is Bruno Pilieci, a former CIQS-Ontario President.

Throughout the 15 years of my membership, I have been both incredibly blessed and a tad prudent to be able to hold mentor relationships with many other senior members, all of whom have generously shared some of their wisdom and experience with me. Individuals like Ian Duncan, PQS(F), David Lai, PQS(F), Arthur Hooker, PQS(F) and the late Gordon Pattison, PQS(F), have all had lasting impacts on my career advancement and I am thankful to each of them for taking the time to nurture me. I now share some of my knowledge in a mentoring capacity with students in the annual Simulated Student Bid Competition, facilitated by The Construction Institute.

Opportunities such as these have led me to the realization that my responsibility is to set an example for those looking to me.

I do not always know who is watching, but I guess we never really do, do we?

Student Membership benefits: ...and this is where you could end up...

There are many advantages to becoming a Student Member of CIQS. The true impact of your membership comes from your participation with the Institute.

Get involved. Once you have made the commitment to join, make a secondary and more personal commitment to helping the Institute grow. By moving forward and personally helping CIQS achieve its mission, you will immediately start to see the fruits of your labour. Therefore, joining the CIQS as a Student Member is beneficial for your own professional development and the future of your career.

The connections you will make, the resources made available to you and the ideas and advice you will discover represent an outstanding return on your investment of time, money and effort. It could turn out to be one of the best things you could do for yourself and your career.

“Student engagement is the product of motivation and active learning. It is a product rather than a sum because it will not occur if either element is missing.”

– Elizabeth F. Barkley in Student Engagement Techniques: A Handbook for College Faculty About the author Lenny Simonelli, PQS(F) is the Founder and Director of ReXcon ConstruXion Corp., a multi-faceted firm providing a full range of services in the built environment, including Construction Management, Project Management and Quantity Surveying. Lenny has 14 years of experience working on a wide array of services for projects of all sizes and magnitudes and across all sectors of the construction industry, namely, healthcare, education, entertainment, high-rise residential, government and ICI. Lenny has a Bachelor Degree in Architecture (Project Management), a Graduate Degree in Construction Management, has Gold Seal Certification through the Canadian Construction Association and is a Fellow of the CIQS, where he currently acts as Editor of the CIQS-Ontario eNewsletter.

QS Online Cost Consultants Inc. Halifax, Nova Scotia p. 902 405-1504 halifax@qsonlinecostconsultants.com www.qsonlinecostconsultants.com

Winter 2015 | www.ciqs.org | CONSTRUCTION ECONOMIST | 29

Congratulations to the following “Designation Holders” who have qualified as a PQS or CEC (including reinstatements): CIQS – British Columbia

Jordan Almond, CEC Steven Hanna, PQS Glenda Jahnig, PQS Xiao Jun Ye, CEC Aidan Kelly, CEC Aidan Kelly, PQS Keith Leung, CEC Chi Wing Lo, PQS Mark MacDonald, CEC Shane McKernan, CEC Justin Norton, PQS Elena Palma, PQS David Parks, CEC Roy Santos, CEC John Speakman, CEC Marcin Szenowicz, CEC Rob Wilson, PQS

CIQS – Maritimes Keith Hare, CEC Ryan Nesbitt, CEC

CIQS – Members at Large

Raphael Adeyemi, PQS Pramod Kumar Avula, PQS Samuel O. Ayodele, PQS Rima Samih Barzak, PQS Unnikrishnan Chittangara, CEC Aziz Makia, CEC Ali Sidney Pangcoga, PQS Satheesh Kumar Ramachandran, PQS Mohamed Ahmed Saad, PQS Himanshu Shah, PQS Lun Shu Pak, PQS Tianen Zhou, PQS

CIQS – Ontario

Prithiviraj Balasubramaniam, CEC Keyur Bhatt, CEC Vijay Bichkar, CEC Deepesh Bissoonauth, PQS Arran Brannigan, PQS Rodrigo Burgos, CEC Iain Chambers, CEC Vincent Chung, PQS Ismael Conge, CEC

Aiping Cui, CEC Michael D’Eath, CEC James Durfy, CEC Elvan Eryoner, PQS Andrew Gordon, PQS Jane Gowing, PQS Siamak Khajehpour, CEC Allan Lee, CEC Sumudu Hewa Manage, PQS Sharibkhan Maradukhel, PQS Alejandro Mejia, CEC Ambrose Pereira, CEC Rolando Reyes, PQS Mohammad Reza Sabouti, PQS Usman Saeed, CEC Patrick Stepniewski, PQS Matthew Stewart, PQS Chandrasekar Verma, CEC Saikrishna Viswanathaiah, PQS Michael Watkinson, CEC Richard Worr, PQS Cameron Young, CEC Miaosen Zhou, CEC

CIQS – Prairies and NWT Ghassan Adwan, CEC Elmer Acasio, PQS Peter S. Bhullar, CEC Festus Fadeyi, PQS Fairly Fernandopulle, CEC Christopher Gray, PQS Alexander Halili, CEC Elmer Macasaquit, CEC Irene Magtoto Malang, PQS Alex Marsh, PQS Cameron Pole, PQS Ben Postma, PQS Mark Trayhorn, PQS Elier Villarreal, CEC

CIQS – Quebec

Dhouha Bouraoui, CEC Redouane Chamekh, CEC Caroline Dion, CEC Isabelle Joachim, CEC Sylvain Bittner-Lamy, PQS Thérèse Normandeau, CEC Evans Parent, CEC Khalid Tahiri, CEC

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30 | CONSTRUCTION ECONOMIST | www.ciqs.org | Winter 2015

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