On-Site June 2022 by Annex Business Media

JUNE 2022

LIFTING

BALANCE & REACH

SAFETY

ELECTRONIC DATA CAPTURE

PROMPT PAYMENT FROM COAST TO COAST

TOP CONTRACTORS FORGING AHEAD

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VOLUME 67, NO.4/JUNE 2022

COVER STORY 31 Top Contractors Our list of the country’s largest builders

Work forges ahead Canada’s construction economy drives forward despite shortages of materials and labour and rising costs.

Top 5 Under 50 Caliber Projects: Building on the X-Factor

IN THIS ISSUE Comment 5 Living in interesting times

News The major developments

Construction Stats The key figures

Labour Bridging the skills gap

Business Operations

Looking to buy

CCE Report Concrete Expo makes successful return

Health & Safety Losing paper to improve safety

COLUMNS 48 Software Closing the tech gap

COVER PHOTO: © KOVALENKO I / ADOBE STOCK

Risk The total cost of ownership mindset

Contractors and the Law Prompt payment: The state of play across Canada

49 Index of Advertisers

Lifting materials safely and efficiently

Selecting safety footwear

Balance and reach

PPE on-sitemag.com / 3

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COMMENT

May you live in interesting times

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If you feel like you and your company have been pulled in a million different directions lately, you’re not alone. Reading through the numerous reports that come my way, the only thing that seems to be certain right now is uncertainty. For most of us, the expectations (and hopes) that life is finally going back to normal as the pandemic slows its spread in Canada are being juggled alongside the challenges of navigating a growing economy, interest rates that are on the rise in an attempt to control the highest inflation rate the country has seen in 30 years, constant upsurges in gas and diesel prices, increasing prices for everything that’s delivered by truck or rail (or built from components delivered by truck and rail) as well as near-record-low unemployment rates — which are also driving up salaries in many sectors. It can be hard to take it all in and keep it all straight. Adding to the constant barrage of change and volatility are conflicting reports about expectations for the coming year. Some are suggesting strong growth for the construction sector while others stoke worries about slowdowns in real-estate demand, as well as the potential for some institutional and infrastructure projects to be shelved. For example, CBRE Group reports that inflation, rising interest rates and geopolitical instability are unlikely to be enough to dissuade Canadian commercial real estate investors this year, with the sector on track to hit an all-time high over $58 billion. And in the latest edition of Turner & Townsend’s Canada market intelligence report, the authors advise that the construction sector has experienced all-time highs in both material and commodity volatility, and that the mix of higher costs and rising interest rates are driving housing starts and permits into a mixed bag of signals. Even the experts are without clarity. Despite this, residential and commercial real estate prices remain at near-record highs and our federal government seems committed to the steady stream of immigration that will

continue to necessitate the building of new homes – often of the high-rise, multi-family variety that align with urban densification imperative in play in many large municipalities. And most respondents to our Top Contractors survey are still looking to make gains in 2022 based on the projects currently sitting in their pipelines. Through all of this, I can’t help but hear the double-edged phrase “May you live in interesting times” running on repeat through my mind. The reality is that until prices and the supply chain gain some stability, economic volatility is going to be making headlines for the foreseeable future, but that’s not all bad. Yes, it makes advanced planning an absolute necessity, and it adds considerable difficulty to pricing project bids, but volatility is when the greatest opportunities present themselves. During turbulent times, companies that are structured well with resources like access to credit or cash reserves can take advantage of opportunities for acquisitions and growth. And the companies who become adept at coordinating their purchasing and planning efforts will gain a competitive advantage over others in their markets, allowing them to grow despite living through a tight market. Would it be nice to know that you could count on a consistent level of three to seven per cent growth each year? Sure, but the real adventures, and growth, tend to happen when the waters are choppy. Plus, it’s always great to pull off a successful year at a time when everyone else is left wondering how you’ve done it. If you have not yet done so, now would probably be a good time to investigate some of the newer technologies that target efficiency and productivity, and a focus on procurement strategies might also help as you explore how to get a leg up while navigating the interesting times and choppy waters ahead. Until next time, stay safe and do good work.

Adam Freill / Editor afreill@annexbusinessmedia.com on-sitemag.com / 5

CONTRIBUTORS

MEET OUR CONTRIBUTORS FOR THIS ISSUE CHRIS GOWER / COO, Buildings at PCL Construction On the skilled labour shortage: “We must proactively build the pipeline that leads to more people in careers in our industry.”

NATE HENDLEY / Freelance Writer and Author On machinery for lifting on a jobsite: “Many common safety solutions for lifting applications are intended to prevent dangerous situations caused by human error.”

VOLUME 67, NO.4/June 2022 www.on-sitemag.com

READER SERVICE Print and digital subscription inquiries or changes, please contact Urszula Grzyb, AUDIENCE DEVELOPMENT MANAGER Email: ugrzyb@annexbusinessmedia.com Tel: (416) 510-5180 Fax: (416) -510-6875 Mail: 111 Gordon Baker Road, Suite 400, Toronto, ON M2H 3R1 PUBLISHER | Peter Leonard (416) 510-6847 pLeonard@on-sitemag.com EDITOR | Adam Freill (416) 510-6821 afreill@annexbusinessmedia.com MEDIA DESIGNER | Lisa Zambri lzambri@annexbusinessmedia.com ASSOCIATE PUBLISHER | David Skene (416) 510-6884 dskene@on-sitemag.com

JACOB STOLLER / Principal, StollerStrategies On the emergence of tech companies in the construction space: “If there’s a killer app for progress tracking, it’s the powerful combination of cameras (or laser scanners) and artificial intelligence (AI). AI analyzes and contextualizes the masses of data that the sensing devices collect, and then inputs the data to software applications.”

DAVID BOWCOTT / Global Director – Growth, Innovation & Insight, Global Construction and Infrastructure Group at Aon Risk Solutions On changes to procurement model thinking: “Given advancements in technology and data, through the emergence of the built environment digital twin, we are now entering an age where total built asset costs can be measured.”

TRISH MORRISON AND MARIN LECI / Borden Ladner Gervais LLP On prompt payment legislation: “For companies operating in multiple jurisdictions, it is important keep apprised of prompt payment and adjudication requirements and developments in each province, as they are not all the same.”

ACCOUNT COORDINATOR | Kim Rossiter (416) 510-6794 krossiter@on-sitemag.com COO | Scott Jamieson sjamieson@annexbusinessmedia.com

Established in 1957, On-Site is published by Annex Business Media 111 Gordon Baker Road, Suite 400, Toronto, ON M2H 3R1 Publications Mail Agreement No. 40065710 ISSN: 1910-118X (Print) ISSN 2371-8544 (Online) SUBSCRIPTION RATES Canada $49.50 per year, United States $113.00 per year, Other foreign $136.50, Single Copy Canada $13.50. On-Site is published 7 times per year except for occasional combined, expanded or premium issues, which count as two subscription issues. Occasionally, On-Site will mail information on behalf of industry-related groups whose products and services we believe may be of interest to you. If you prefer not to receive this information, please contact our circulation department in any of the four ways listed above. Annex Business Media Privacy Officer privacy@annexbusinessmedia.com Tel: 800-668-2374 Content copyright ©2022 by Annex Business Media may not be reprinted without permission. On-Site receives unsolicited materials (including letters to the editor, press releases, promotional items and images) from time to time. On-Site, its affiliates and assignees may use, reproduce, publish, re-publish, distribute, store and archive such unsolicited submissions in whole or in part in any form or medium whatsoever, without compensation of any sort. DISCLAIMER This publication is for informational purposes only The content and “expert” advice presented are not intended as a substitute for informed professional engineering advice. You should not act on information contained in this publication without seeking specific advice from qualified engineering professionals.

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INDUSTRY NEWS

INDUSTRY>NEWS

to the show after a two-year hiatus.” The show, which attracted a mix of industry professionals including leaders from the construction, road building, forestry, land improvement, and infrastructure industries, along with delegates from both the Canadian Public Works and Canadian Woodlands Forum’s Spring Conferences which were held nearby, may have been positively impacted by pent up

demand and a desire to gather at a live event. “We heard many positive accolades from both exhibitors and attendees, which goes to show, everyone was happy to be able to reconnect again in person,” added Cusack. The dates for the next edition of Atlantic Heavy Equipment Show will be released in the coming months.

PHOTO: COURTESY OF INFRASTRUCTURE ONTARIO

The first post-Covid edition of the Atlantic Heavy Equipment Show was a resounding success. Almost 10,000 industry professionals filled the halls of the Moncton Coliseum for the April event, including key decision makers and purchasers looking to upgrade their fleets and view the many pieces of equipment on the show floor. “The Atlantic Heavy Equipment Show remains one of the biggest heavy equipment events in Atlantic Canada,” said Mark Cusack, national show manager. “It was a pleasure to welcome everyone back

EllisDon to build Thunder Bay Correctional Complex Infrastructure Ontario (IO) and the Ministry of the Solicitor General have awarded a fixed-price contract of $1.2 billion to EllisDon Infrastructure Justice to design, build, finance and maintain a new Thunder Bay Correctional Complex. The contract includes payments during construction, a completion payment and monthly service payments during the 30-year operations and maintenance period. EllisDon Infrastructure Justice includes EllisDon Capital Inc. as the developer; EllisDon Corporation as the design-builder; the design team of Zeidler Architecture Inc. and DLR Group Inc.; facilities managers EllisDon Facilities Services Inc.; and financial advisor EllisDon Capital Inc. In addition to awarding the correctional facility contract, the Ontario government also announced $96 million to fund expansion projects at the Thunder Bay Correctional Centre and Kenora Jail, and up to $5 million for a new Northern Attraction Incentive Program pilot to attract and retain corrections staff in the North. The Thunder Bay Correctional Complex project will be a 345-bed multi-purpose facility that will replace the outdated existing jail and correctional centre in Thunder Bay. Construction is expected to start this fall and be completed by fall 2026. “A new correctional facility for Thunder Bay is a very important investment to enhance the facility’s living conditions, security, technology, and space,” stated Joey Comeau, COO and executive vice-president, Capital, at EllisDon. “We are honoured to be selected to design, build, finance and maintain the new

8 / JUNE 2022

PHOTO: COURTESY OF MASTER PROMOTIONS LTD.

Thousands flock to Moncton for AHES

Artist’s concept of the new Thunder Bay Correctional Complex.

Thunder Bay Correctional Complex project.” Bird Construction Inc. is scheduled to complete the announced infrastructure expansion projects at the existing Thunder Bay Correctional Centre and Kenora Jail in late summer 2022. Built rapidly using innovative modular construction, these expansions will add beds to alleviate capacity pressures and create more space for effective programming such as literacy and skills development that support safe community reintegration. The Thunder Bay build will eventually be connected to the new Thunder Bay Correctional Complex. “Bird is proud to play a part in the important infrastructure developments in Northern Ontario and work with communities to enable rapid delivery solutions through the unique value offering of Bird and our partnership with Stack Modular,” said company president and CEO Teri McKibbon.

INDUSTRY NEWS

Toronto’s unofficial symbol continues to be the crane

A wildlife overpass crossing on the Trans-Canada Highway in the Bow Valley area, near Banff National Park in Alberta, is expected to reduce the risk of wildlife-vehicle collisions and improve safety for drivers and wildlife. Currently being built by PME EllisDon, the wildlife crossing will be located east of Canmore near Lac Des Arcs and is the first wildlife overpass to be built outside of Banff National Park. “This overpass will drastically reduce the chances of wildlife-vehicle collisions,” said Rajan Sawhney, Alberta’s Minister of Transportation. “The overpass will not only increase safety for the travelling public and wildlife, it will save thousands of dollars each year in property damage caused by collisions.” Construction of the wildlife crossing is expected to be complete by fall 2023. The overpass includes 12 kilometres of wildlife fencing along the highway to help guide wildlife toward safe crossing points. “The wildlife overpass announced today will create a safe, natural route for wildlife crossing in the Bow Valley area, preserving their well-being and protecting the lives of Albertans as they travel Highway 1,” said Jason Nixon, Minister of Environment and Parks. Cost of the project is estimated at $17.5 million, and it will support 102 direct and indirect jobs. Roughly 30,000 vehicles travel this stretch of the Trans-Canada Highway every day, with an average of 69 vehicle-wildlife collisions annually on the highway between Banff National Park and Highway 40.

PHOTO: © RZOCKY2803 / ADOBE STOCK

As it has since 2015, Toronto continues to lead the crane count in North America, according to the Rider Levett Bucknall Crane Index for North America. The city posted a 12 per cent increase in cranes across the city in the Q1 2022 survey, even as project completions took away 18 cranes from the previous edition. The commercial sector leads the change in the numbers, with an increase of 18 cranes. Residential and mixed-use projects also experienced growth, with a combined increase of seven cranes. The other Canadian city in the index, Calgary, stayed consistent, losing only a single crane on its skyline. While the $634 million Calgary Event Centre has been put on hold because of concerns about cost escalation, the number of building permits is up 29 per cent year-over-year with residential projects driving the construction industry. Across North America, there has been a 4.5 per cent increase in cranes from the previous edition of the index. Of the 14 cities surveyed: five experienced an increase; six are holding steady; and three have decreased. The report authors say that they expect the crane count to remain steady, as many projects are experiencing delays in their schedules due to supply chain issues and construction costs continue to climb up, giving some developers hesitancy to break ground at this time. Published twice each year, the Rider Levett Bucknall Crane Index tracks the number of operating tower cranes in 14 major cities across Canada and the U.S.

Wildlife overpass will improve highway safety

on-sitemag.com / 9

INDUSTRY NEWS

ierie, Sofab and Edyfic Construction, the lift took 1,500 person-hours to complete over a two-week period and involved more than 100 workers. Work was painstakingly planned and implemented by specialized professionals and contractors who addressed multiple site logistics coordination issues, while also ensuring traffic safety and flow in the surrounding Quartier des Spectacles.

The skybridge will connect more than 40,000 sq. ft. of common areas in the towers, including 2,915 sq. ft. on the 26th floor, and will offer stunning panoramas of downtown Montreal and the St. Lawrence River, as well as an unparalleled view onto Place des Festivals. The $730-million megaproject, which is being built in two phases, will include 700 rental apartments and 1,042 condominium units.

will begin in the coming weeks and be complete in 2026. In addition to being safer for drivers and pedestrians, it will accommodate increased traffic volumes and can also handle larger loads of commercial and strategic goods to supply the Yukon and Alaska. “This project is an excellent example of the benefits provided by the Yukon First Nations Procurement Policy and will create jobs for Teslin Tlinglit community members and Yukoners,” stated Nils Clarke, Minister of Highways and Public Works for the territory. “I look forward

to seeing this new bridge constructed to continue allowing travellers and goods to enter the territory while better protecting the safety of drivers and pedestrians for years to come.” “Replacing the iconic Nisutlin Bay Bridge is a major project for our community, the largest in recent memory,” added Eric Morris, Naa Shaáde Háni of Teslin Tlingit Council. “We look forward to continuing to work with Yukon government and Graham Infrastructure LP to maximize the economic benefits for the community while minimizing the social impacts of the project.”

PHOTO: COURTESY OF GOVERNMENT OF YUKON

The Maestria Condominiums, being built by Groupe Devimco and its partners the Fonds immobilier de solidarite FTQ and Fiera Real Estate, have reached a milestone as the developer successfully completed hoisting and installing the highest suspended skybridge ever built for a residential project in Quebec. The skybridge will connect the two towers of the province’s largest-ever mixeduse residential megaproject, reaching across the 26th and 27th floors of 58- and 61-storey towers in Montreal. The hoisting operation tested the limits of engineering as cranes hoisted the nearly 125,000-pound walkway structure roughly 100 metres above the ground. Executed in collaboration with NCK, Lemay, RJC Ingen-

PHOTO: COURTESY OF GROUPE DEVIMCO

Montreal condos feature highest residential skybridge in Quebec

Graham wins contract to replace Yukon’s Nisutlin Bay Bridge The Yukon government’s Nisutlin Bay Bridge replacement project has been awarded to Graham Infrastructure LP for $160 million. The new Nisutlin Bay Bridge will be the largest capital project in Yukon history. An important crossing to the community, the bridge serves as a critical transportation link for the territory. An important landmark for the community of Teslin, the bridge is a key gateway to the Yukon and a critical transportation link along the Alaska Highway. In 2019, the Government of Yukon and the Teslin Tlingit Council signed a project charter for the bridge replacement. Originally designed in 1953, the bridge is nearing the end of its lifespan and needs to be replaced. The new structure was designed with input from the community and in collaboration with the Teslin Tlingit Council, and is expected to create many local and First Nations jobs during its construction, which

10 / JUNE 2022

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CONSTRUCTION STATS A selection of data reflecting trends in the Canadian construction industry

Investment in non-residential construction, March 2022 (in $Millions)

GAINS CONTINUE IN BOTH RESIDENTIAL AND NON-RESIDENTIAL SEGMENTS Statistics Canada is reporting investment in building construction increased on a month-tomonth basis in March, rising by 1.8 per cent over February to reach $20.3 billion. Gains were reported in both the residential and non-residential sectors. Non-residential investment continues to show strength, rising two per cent over February’s results to reach almost $5.2 billion as the sector posted a ninth consecutive monthly increase. On the residential side, construction investment rose for a sixth consecutive month, jumping 1.7 per cent to $15.1 billion. Through the first quarter of the year, the total value of investment in building construction increased 9.2 per cent to $59.7. Almost all of the gains were in the residential sector, which jumped 11 per cent to $44.4 billion. The non-residential sector had a more modest rise of 4.3 per cent, reaching $15.3 billion.

Canada 5,195.6 Newfoundland and Labrador 35.2 Prince Edward Island 20.7 Nova Scotia 67.8 New Brunswick 49.2 Quebec 1,290.3 Ontario 2,114.3 Manitoba 154 Saskatchewan 93.3 Alberta 645.5 British Columbia 704.5 Yukon 10.2 Northwest Territories 3.9 Nunavut 6.7 TABLE: STATISTICS CANADA

CANADIAN HOUSING STARTS TREND HIGHER AGAIN

BRIDGES IN GOOD CONDITION

57%

ROAD CONSTRUCTION COMPLETED

43,316 km

CANADA’S ROAD NETWORKS RELATIVELY UNCHANGED The stock and condition of Canada’s roads and bridges remained consistent from 2018 to 2020, according to new results from Canada’s Core Public Infrastructure Survey for 2020, which were recently shared by Statistics Canada. Construction was completed for 43,316 kilometres (two-lane equivalent) of roads in 2019 and 2020, representing four per cent of the road network. This compares with 48,969 kilometres reported in 2017 and 2018. Over half of roads in Canada were reported to be in good or very good condition in 2020. A little over one-tenth were rated to be in poor or very poor condition. Similarly, there was little change in the conditions of Canada’s bridges in 2020, when compared with 2018. About 57 per cent were found to be in good or very good condition and just 11 per cent were rated as poor or very poor.

Canada Mortgage and Housing Corporation (CMHC) reports the trend in housing starts reached 257,846 units in April, an increase from 253,226 units in March. This has the six-month moving average of the monthly seasonally adjusted annual rates (SAAR) of housing starts remaining at historically high levels. “On a trend and monthly SAAR basis, the level of housing starts activity in Canada remains historically high, hovering well above 200,000 units since June 2020 and increased from March to April,” said Bob Dugan, CMHC’s chief economist. “The increase in monthly SAAR housing starts in Canada’s urban areas was driven by higher multi-unit and single-detached starts in April.” The standalone monthly SAAR of total housing starts for all areas in Canada in April was 267,330 units, an increase of eight per cent from March.

Housing Starts in Canada -All Areas Thousands 350 325 300 275

267,300 257,846

250 225 200 175 150

April 2020

April 2021

April 2022 Housing Starts, SAAR Housing Starts Trend Line (6-month moving average)

GRAPH: CANADA MORTGAGE AND HOUSING CORPORATION

12 / JUNE 2022

LABOUR

By Chris Gower

Bridging the skills gap The construction industry can’t just wait for the skilled labour shortage to resolve itself. The industry and government must act now.

espite supply chain issues and rising costs of materials, construction demand is extremely high right now, and that demand is rising at a time when the shrinking pool of experienced workers is not keeping pace. We are in a labour crisis. The number of young people coming into construction careers combined with employee attrition means that the thousands of employees who do enter the construction industry each year are not enough to replace the number of baby boomers retiring. And those retirement figures are expected to increase even more in the next decade. If not addressed, this labour shortage could cause project delays, an increased risk of safety incidents due to the need to use inexperienced employees, and pressure on the already-thin margins and tight timelines that we operate on. Without a sufficient supply of labour through the post-pandemic boom in infrastructure spending and new builds, builders will struggle to meet client demand. The construction industry simply cannot afford to wait for the shortage to resolve itself. We must proactively build the pipeline that leads to more people in careers in our industry. At PCL Construction, we’ve been building our labour pipeline for a long time, and we encourage all companies in the construction sector to step up with ideas and programs that attract the people our industry needs — the skilled workers of the future. We know that to effectively build the pipeline from high school to a career in construction, we need to let students know that our industry offers rewarding careers. We start our pipeline as early as we can, making presentations to students long before they graduate, as well as right up to Grade 12. We have a Careers in Construction presentation that teaches children about apprenticeships, and we engage them via our virtual design and construction department. What student isn’t in awe after a virtual tour of one of our job sites? Many don’t know how digital our work has become, until we show them. We also support many post-secondary institutions. Our people sit on advisory boards for numerous college programs and professional associations, and we sponsor scholarships and awards, too. This further strengthens the skilled-labour pipeline in our communities. Since 2017, PCL has donated over $1 million to post-secondary institutions across Canada and the United States. This isn’t a cost. We view it as a great investment in our future, and the results of these outreach activities speak for themselves. Each year, PCL gives more than 500 interns from 94 colleges and universities real-world experience in the construction industry. This year, 107 former students joined PCL full time, and we filled

nearly 80 per cent of entry-level engineering positions with former students. With the right effort, positive results are possible. Some governments are stepping up their game as well. For example, in Ontario the province is providing free training and paid apprenticeships to become electricians. But we need to work with government to ensure that we take them up on these programs and hire as many apprentices as is permitted to fill up every spot in these programs. Incentives can also prevent attrition of young workers to other industries. The government of Nova Scotia, for example, eliminated the provincial portion of personal income tax on the first $50,000 of annual income for construction trade workers under 30. Initiatives like these provide stability and compensation, which encourages people to continue working in the trades. Imagine the impact of a nationwide tax exemption for all skilled labour, like the one implemented in Nova Scotia. At PCL, our internal training regimen is also crucial to creating and retaining our own workforce. Investing in our workers through education, experience and exposure builds valuable skills and well-rounded employees. Plus, mentorship programs and learning tools are key catalysts for developing strong leaders. Our in-house program has offered more than 2,000 custom-designed courses ranging from basic to expert learning. We also have a system in place to identify high-potential employees in the field, since accelerating field-leader development is vital to our company’s continued success. Looking beyond our walls, immigration has helped us during previous worker shortages, but it works best with government support. We need the Canadian government to make good on its pledged Trusted Employer system to streamline the application process for companies hiring temporary foreign workers to fill positions that can’t be filled by Canadians. Reducing red tape and allowing our industry to accelerate the hiring of skilled workers foreign for specific shortages will have positive implications for the building sector, as well as for the entire economy. To make tangible improvements — to make a critical difference — we need construction industry stakeholders to do more. We need to do more. So, ask yourself what more your company can be doing. The good news is that, with a few ideas and a plan, we can create sustainable solutions for the labour challenges we face today as we prepare for our industry’s future.

Chris Gower is the COO, Buildings at PCL Construction. on-sitemag.com / 13

EQUIPMENT

Balance & reach Lifting materials safely and efficiently with mobile equipment. BY NATE HENDLEY

14 / JUNE 2022

“If there’s too low a tire pressure in one wheel, when you lift the bucket, the machine can then also tip over.” As such, Volvo Construction Equipment provides its wheel loaders with tire pressure monitoring and on-board weighing systems. “You can set what the limit is, and if the operator is exceeding that, you get a warning,” states Yeomans. Case Construction Equipment enhanced its G Series wheel loaders

in 2021 for improved productivity and performance. The company offers a payload monitoring system that’s “integrated directly into the loader’s touchscreen display and provides detail such as bucket weight, pass counts, accumulated/ running weight and job tracking data,” says Andrew Dargatz, the company’s product manager. “This allows operators to precisely load each truck to reduce under/ overload situations.”

PHOTO: COURTESY OF PETTIBONE

obile lift equipment manufacturers have a slew of solutions, design innovations and tips to make lifting materials safer and more efficient in the face of uneven ground, poor visibility, overloading, wind conditions, and other challenges. For all these improvements, however, OEMs that make wheel loaders, telehandlers, mobile cranes, and scissor lifts, say it’s still important not to ignore the human element. “Picking and moving objects creates risks on a site and you need to be trained in how to do that safely,” states Amalija Kopac, product manager at Genie. “For telehandler operators, it’s also critical to understand how much your load weighs, where the centre of gravity for your load is, what areas of the load chart your job will operate in, and whether you have the right piece of equipment for the job.” To this end, many common safety solutions for lifting applications are intended to prevent dangerous situations caused by human error. Those errors can be as simple as using a bucket too big for the machine and overloading it, which Eric Yeomans, wheel loader product manager at Volvo Construction Equipment, explains can create a risk of the machine tipping over. Ignoring tire pressure on wheeled vehicles can also be disastrous, he says.

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2020 Attendee Britton Lawson, Veit and Company, Inc.

ate is the factory setting. It provides more of a standard responsiveness. Aggressive provides the most immediate response to joystick operation for operators that like to move aggressively.” The machine’s aggressive setting also allows for fine bucket metering. “Operators can top off any load more accurately and finely with this capability,” he adds.

PHOTO: COURTESY OF JLG

These upgraded wheel loaders also feature a new touchscreen and adjustable electro-hydraulic controls with smooth, moderate, and aggressive settings. These controls make it easier for operators “to adjust the responsiveness of the machine’s boom and bucket functions,” says Dargatz. “Smooth gives you the most control and deliberate movement. Moder-

This spring, JLG released three new rotating telehandlers with a variety of hightech safety solutions: the R1370, R1385 and R11100. An automatic attachment recognition feature identifies the attachment at the end of the boom then “selects the corresponding load capacity chart and LMIS settings for it,” explains Rogerio dos Santos, the company’s vice-president of engineering for telehandlers. The LMIS, or load management information system, “visually indicates whether the load is compliant with the load capacity chart and prevents operations that violate the boundaries of that chart,” he continues. JLG telehandlers also use a Load Stability Indicator (LSI), which works with LMIS to prevent overloads when the load nears maximum capacity. As the name implies, the upper frame of a rotating telehandler, also called a rotary telehandler, can swivel 360 degrees. This attribute “improves both productivity and safety in congested jobsites,” says dos Santos. “A rotating telehandler can reach several places on

PHOTO: COURTESY OF GENIE

PHOTO: COURTESY OF CASE CONSTRUCTION EQUIPMENT

EQUIPMENT

16 / JUNE 2022

with “active oscillating axles, which automatically sense the terrain and adjust the rear axle position based on ground conditions. Active oscillating axles combine with four-wheel drive and positive traction control to deliver superior performance on rough terrain,” adds Dube. Liebherr has a product that complements its existing line of Liebherr Telescopic Mobile (LTM) cranes. LTMs are

all-terrain machines with sturdy chassis, and long, strong telescopic booms for operating at height that can handle rough ground. Dense, urban settings present other difficulties, however. Narrow streets and crowded worksites can make it difficult or impossible to evenly extend outriggers on a mobile crane. Reducing base support limits capacity, however. Enter VarioBase, Liebherr’s variable

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the site without the need to drive and maneuver the machine like you have to do with a conventional telehandler.” The R1370, R1385 and R11100 also have cylinder and chain-driven booms for increased reach and lift capacity. Maximum reach height ranges from 67 to 97 feet, with maximum lift capacity of 11,000 to 13,200 pounds. These telehandlers have automatic leveling systems for uneven ground. When activated, crane supports (outriggers) extend from the telehandler and are manually or automatically positioned to level the frame and secure the machine. Genie’s rough-terrain scissor lifts have a similar set-up, with self-leveling hydraulic outriggers. “All four outriggers are designed to deploy simultaneously to ensure the lift is level on uneven ground before elevating the platform,” says Genie associate product manager Christian Dube. These machines are also equipped

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PHOTO: COURTESY OF PETTIBONE

EQUIPMENT

telehandler, the Traverse T1056X. The T1056X has a traversing boom carriage that enables it to safely move a load while traveling horizontally. Operators can place a load at full lift height, without having to juggle multiple boom control functions. “The Traverse enhances operator safety by reducing the number of times that the boom needs to telescope in or out. It also helps avoid the need to reposition the machine by driving it forward and back, which technically is not supposed to be done when operating a forklift,” explains Mitch Fedie, product manager with the company. “Essentially, the Traverse allows you to line up with the target landing and then perform minimal movements to the land the material load.” The Traverse T1056X has a specified lift height of 56 feet, six inches. The traversing boom provides up to 70 inches of horizontal boom transfer, extending maximum forward reach of the machine to 45 feet, 10 inches. The maximum load

PHOTO: COURTESY OF GENIE

base support system. Using VarioBase, each outrigger can be individually extended to varying lengths for levelling purposes. Liebherr Computed Control (LICCON), the company’s crane control system, calculates maximum load capacities, continuously updating this data while the crane is in operation. LICCON also monitors the crane’s tipping point and centre of gravity “VarioBase has really revolutionized the way mobile cranes can function and get into tight workspaces while maintaining the highest level of safety,” states Lee Spalding, sales representative for Liebherr-Canada. “Up to our LTM13006.2, all four outriggers can be placed at any arbitrary length.” Liebherr has just launched VarioBase Plus, which offers enhanced rear outriggers. An updated control system called LICCON 3, will make its debut on the company’s LTM1110-5.2. Pettibone also builds a unique

18 / JUNE 2022

capacity is 10,000 pounds. Other OEMs have also been working on performance-enhancing boom innovations. Released in early 2021, Genie’s GTH-1056 telehandler features a boom with a mid-pivot point and a single cylinder. “When combined with a wider, stiffer horsehead, this helps transfer loads efficiently in applications that impose high stress on the boom, such as pipe handling or suspended loads, contributing to a stronger boom and chassis design,” says Kopac. The GTH-1056 also offers improved visibility for operators — a major plus for safety and performance alike. “Visibility while operating a telehandler is of utmost importance for safe operation,” states Kopac. “We’ve designed our telehandlers for the best possible visibility: the ability to see all four tires as you maneuver the machine. Our GTH-1056, like our other telehandlers, is also equipped with different lighting options and backup rear proximity alarms, as well as telematics that enable remote monitoring.” “Back-up cameras have become very popular, but it’s still important for the operator to be able to see firsthand when maneuvering,” adds Fedie of Pettibone. “The single lift cylinder [on the Traverse T1056X] certainly helps to provide better sight lines to the rear. Additionally, our side-mounted engine is positioned to allow good curbside visibility while still offering ample ground clearance.” Liebherr has taken things a step further and offers protection against unseen hazards. The LICCON system contains pre-programmed wind charts, based on the company’s extensive research into the dangers wind poses to cranes. “With the pre-programmed wind speed charts, all the operator has to do is set the LICCON system to that wind speed and the computer automatically reduces the load charts,” states Spalding. “Liebherr cranes also comply with the CSA Z150, a Canadian safety code on mobile cranes, which adds another layer of safety.” Even with all their innovations, manufacturers still stress the importance of

PHOTOS: COURTESY OF VOLVO CONSTRUCTION EQUIPMENT

having operators who are fully versed on the proper use of mobile lift equipment. “The most important best practice is to ensure that your telehandler and mobile elevated work platform operators have been properly trained by a qualified trainer using the most current training methods,” states Scott Owyen, director of training at Genie. “Invest in operator training. Everybody invests in equipment, but invest in operator training too,” adds Yeomans. To this end, Volvo offers operator coaching on its wheel loaders. This program provides unobtrusive feedback and data regarding idling, brake use, tonnage of materials moved, fuel use, and other performance indicators. Volvo also makes Volvo Simulators. These devices consist of a seat, steering wheel, controls and a large screen. Volvo trainers take these simulators to client worksites and put operators through realistic construction site scenarios. It’s a convenient way to train employees without using fuel, or risking injuries or damage to a real vehicle. Even trained mobile equipment operators need to remain vigilant, however, during lifting applications. “Always be aware of what you’re lifting—how much it weighs, and how far you’re extending the boom to land the load. Operators should consult the machine’s published load chart to ensure the lifted weight and intended reach are within the telehandler’s capability,” says Fedie, adding, “Be aware of your surroundings at all times when operating the machine.”

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ADVERTORIAL

Facing a CRA net-worth audit? Here’s what you need to know. Tips for small businesses

he Canada Revenue Agency (CRA) has many tools at its disposal when searching for undeclared income. One of the most aggressive tactics the CRA uses is a net-worth (lifestyle) audit. This audit technique is often used in industries where cash transactions are common, such as the construction industry with small businesses like contractors or subcontractors. While this technique has been around for decades, its use has become more frequent in recent years. “The trend is really towards this specific type of audit technique,” says Jeremie Beitel, Director for Farber Tax Law, a tax dispute resolution law firm serving clients across Canada with a team of tax lawyers and ex-CRA advisors. “What they’re looking for is, does something not quite match up? Are someone’s assets increasing or their expenditures higher than could be justified by their reported income?” Beitel, who has more than a decade of experience practicing tax law, stresses that a business owner looking to protect themselves or prepare a defence against these types of audits needs to keep good records of all personal transactions. This is especially important for businesses operating in a targeted industry like construction. “If you win money gambling, get an inheritance, or receive a loan, make sure those are all well documented. If not, you could risk these transactions later being viewed by the CRA as money received from a customer versus an actual gambling win, inheritance, or loan. So, if you make sure to document it at the time, you’ll be in a much better po-

sition if you’re audited,” he says. To gain unique insights into the CRA, Farber Tax Law turns to its senior advisor James Bell, who worked for 22 years at the CRA. Through his extensive CRA expertise, Bell knows the best way for small businesses to help avoid one of the CRA’s most dreaded types of audits and what to do when facing one. Bell says the most important thing to do if you have been targeted for an audit, or expect to be audited in the future, is to be proactive. The first step in being proactive is to hire a professional. “This is not a do-it-yourself endeavour. If you’re going to be audited, this is not something you should be dealing directly with the auditor on. The stakes are too high. People do not know what the rules of the game are, and that’s a bad formula for doing anything,” he says. “You should be seeking professional advice.” One area where business owners will often make a mistake when dealing with a net-worth audit from the CRA is by attempting to defend themselves with pre-existing accounting records. “Once a net worth analysis has begun, your original accounting records, in terms of your general ledger, your financial statements, become largely irrelevant. They are important for char-

acterizing specific transactions, but the mistake that a lot of taxpayers make early in a net-worth audit is when the CRA comes with their analysis, the taxpayer will resubmit the original ledgers and financial statements rather than responding to that analysis directly, which the CRA will ignore,” Beitel says. “So, it’s important to recognize the new terrain that you’re in once the net-worth audit has begun.”

Assets, liabilities, and expenditures

The CRA will often choose a three- to four-year period to review for a networth audit. It will be focused on three elements: assets, liabilities, and then expenditures. “Firstly, they’re going to look and see what your assets at the start were, and at the end, and any increase, they’re going to say, ‘You must have had income. If you have a million dollars of new assets, for example, that money came from somewhere,’” Beitel says. This process will be similar for when the CRA reviews a business owner’s liabilities. “They’re going to look at how much you owed at the start and at the end. If you’ve paid off a million dollars of debt, again, there’s got to be a source for that money,” Beitel says. And then lastly, the CRA will look at a company’s expenditures over that period. “For example, if you have $200,000 of extra assets, you repaid $100,000 of debts and spent $200,000 on groceries and trips, they’re going to add that up and get $500,000 and ask you to explain.

And with that explanation you’ll need financial information that supports it,” Beitel says. “The first step is to go granularly through the schedules they prepared and identify which particular assets you do not own, or which ones you funded from, say, a gift from your parents. Which liability did you either not pay off, or perhaps, did the CRA miss a new liability? You really have to go point by point and defeat the net-worth analysis.” Farber Tax Law has worked with a host of clients to help them significantly reduce their overall payments owed from CRA net-worth analyses. “The CRA will always start out extremely high because they don’t have much information. We often see a multi-million-dollar net-worth analysis, that with a steady and granular approach, we can reduce to a couple hundred thousand dollars, or $100,000, or $50,000,” Beitel says. “Whatever the actual amount of real income that the taxpayer may have not reported, or maybe they did report everything but the documentation is poor so they can’t quite prove everything, the CRA will always start out very high and will put the onus on the taxpayer to bring it back down to reality.” Business owners should also retain bank and credit card statements and cancelled checks – not only business related, but also personal. “Those are often documents that are,

or can be, difficult to obtain later, especially years after the fact. So, those can just be saved to a Dropbox or any type of cloud service. Then, in the event that they’re ever audited, it’ll be much easier for them to identify transactions and explain what those transactions actually were,” Beitel says. A very common issue that comes up is when people try to explain that money came from a personal loan and there’s never any documentation. “If this did happen, have some documentation for these family loans or loans between friends. Have something, an affidavit or some kind of notarized statement at least,” Bell says. “Or, if it was a gift, who was the gift from? Have someone indicate that in writing because these are the common things we hear.”

Stay informed

Another important step in keeping proactive is to make sure you go over your income statement and balance sheet with your accountant every year. “It can be very tempting to engage in willful blindness and be happy that your accountant is seemingly saving you a bunch of money, but you should go through and

see whether the numbers are rational. You generally know how much money you made, how much money you might have lent the company,” Beitel says. “All the time I see people whose companies have reported losses for every year, or $5,000 or $10,000 a year of income, when they know that they made more money. And I think if they had taken the time to understand those numbers or to seek help to understand them at the time, they could have avoided a lot of penalties and pain later on.” When it comes to the CRA, claiming ignorance will not get you out of an audit. “A lot of people just say, ‘Listen, I’ve got an accountant that’s preparing this, I’ll just blame him. It’s his fault. I didn’t know what was going on. So, I’m somehow not culpable at all.’ Not true, that argument never washes. James Bell Senior Advisor, You’re responsible for what’s Farber Tax Law on your tax return,” Bell says. “You’re signing your tax return and you’re affirming that you knew, reviewed it, and you agree with what’s in it.”

Jeremie Beitel Director, Farber Tax Law

Have more questions about net-worth audits? Farber Tax Law offers free, confidential consultations. Learn more at www.farbertax.com.

BUSINESS OPERATIONS

Looking to buy

Investors are seeking acquisitions in the Canadian construction industry. BY MARK BORKOWSKI

espite headlines talking about slowing economic growth, at this time there is more money in the system than anyone can imagine, but there’s also a shortage of construction and infrastructure companies to acquire and good projects to invest in. Theories about baby boomers seeking to sell their companies have proven false at a time when capital investment firms are seeking established construction companies to invest in or buy. The institutional investment and high-net-worth communities are crawling over each other to find projects. Despite the downturn in the Canadian economy, the buyout and investment market for Canadian companies remains hot. Even early-stage businesses are being sought out. One of the major market shifts for the acquisition of privately held companies has been the growth in the number

These PEGs are ‘buyout groups’ that seek to acquire or invest in ongoing, profitable construction businesses that demonstrate growth potential. 22 / JUNE 2022

of Private Equity Groups (PEGs) over the past decade. These organizations number in the thousands in both the U.S. and Canada, and they have not been hard-hit by the credit crunch or the past stock market cyclicals. They have capital to invest and are looking for business acquisitions and investments. These PEGs are “buyout groups” that seek to acquire or invest in ongoing, profitable construction businesses that demonstrate growth potential. Beyond simply buying up companies, these firms generally manage money for insurance funds, pension funds, charitable trusts, and sophisticated investment groups. They have money to invest. PEGs have become key players in business acquisitions and have a number of different investment structures that may appeal to a business owner. They can offer flexibility as a liquidity source, giving entrepreneurs the ability to take some cash off the table, recapitalize their company, or simply sell and move on. Traditionally, the private equity market was restricted to acquiring or investing in large companies, but increased competition for those large operations has them broadening their scope. Moreover, the greater growth potential of smaller firms, as well as the appeal of having easier paths to exit their investment in the future have played a role in attracting PEGs to smaller companies.

HOW PEGS OPERATE PEGs are typically organized as limited partnerships controlled and managed by the private equity firm that acts as the general partner. The fund invests in privately held companies to generate above-market financial returns for investors. The strategy and focus of these groups’ investment philosophies and transaction structure preferences vary widely. Some prefer complete ownership, while others are happy with a majority or minority interest in acquired companies. Some limit themselves geographically, while others have a global strategy. PEGs also tend to have certain things in common. They typically target companies with relatively stable product life cycles, as well as a strategy to overcome foreign competition. They tend to avoid leading-edge technology, which is what venture capitalists want, showing a preference for superior profit margins and a unique business model with a sustainable and defensible market niche. Other traits that appeal to PEGs are strong growth opportunities, a compelling track record, low customer concentrations, and a deep management team. Most prefer a qualified management team that will continue to run the day-to-day operations while the group’s principals closely support them on the board of director level. PEGs have become a major force in the acquisition and investment arena. They

may be in a position to pay more than an industry or strategic buyer who may not have the same level of financial backing.

PHOTO: © PHOTON_PHOTO / ADOBE STOCK

THE STRUCTURE OF A DEAL

can also be thought of as strategic acquirers in certain instances, for example, when they own portfolio companies in your industry or a related area that addresses the same customer base. With synergies or due to concentrated interest, these buyers

Private equity buyouts and investments take many forms, including the following: Outright Sale: This is common when the owner wants to sell their ownership interest and retire. In this instance, existing management is elevated to run the company or new management is brought in. A transition period may be required to train replacement management and provide for a smooth transition of key relationships. Employee Buyout: PEGs often partner with key employees in the acquisition of a company in which they play a key role. Key employees receive a generous equity stake in the conservatively capitalized company while retaining daily operating control. Family Succession:This type of transaction often involves backing certain members of family management in acquiring ownership from the previous generation. By working with a PEG in

a family succession transaction, active family members secure operating control and significant equity ownership, while gaining a financial partner for growth. Recapitalization: This is an option for an owner who wants to sell a portion of the company for liquidity while retaining equity ownership to participate in the company’s future upside potential. This structure allows the owner to achieve personal liquidity, retain significant operational input and responsibility, and gain a financial partner to help capitalize on strategic expansion opportunities. Growth Capital: Growing a business often strains cash flow and requires significant access to additional working capital. A growth capital investment permits management to focus on running the business without constantly having to be concerned with cash flow matters.

Mark Borkowski is president of Toronto-based Mercantile Mergers & Acquisitions Corporation.

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2022-06-01 9:23 AM

TRADE SHOW

CCE GETS IT DONE

Expo makes successful post-COVID return. BY ADAM FREILL

ith more than 4,000 people filling the aisles and over 800 attending conference educational sessions and product demonstrations at Mississauga, Ontario’s International Centre on May 18 and 19, it’s safe to say that the Canadian Concrete Expo (CCE) has made a successful post-pandemic return. Canada’s only national trade show dedicated to the concrete and cement industries, the fourth edition of the annual event featured more than 300 exhibitors and over 30 live presentations. “Booths were very busy during peak periods and exhibitors have reported significant business activity,” said the show’s president, Stuart Galloway. “Plus, several companies sold large equipment and many have expressed an interest in expanding their booth at the 2023 show.” In some cases, even the unexpected could not get in the way of connecting to make sales happen. Somero, despite suffering logistical problems that prevented them from bringing the equipment they wanted to the show, still sold three machines. And first-time exhibitor Imer sold a concrete mixer on a truck chassis. Other companies expressed similar satisfaction with the quality of the visitors at the show. Jeff Loberg, regional sales manager for KCP Pumps, was happy with his company’s sales leads, which he said were not surpris-

24 / JUNE 2022

ing given the strength of the concrete pump market during most of the pandemic. Also happy with the visitors to its booth were the team at Conjet, a manufacturer and distributor of hydrodemolition equipment. “It’s the first time for us at the Canadian show,” said North American national accounts manager Rick Larsson. “I feel like the atmosphere is that people want to be out to shows again and meeting people live.” “The people that came to our booth were coming with intent,” added Arabi Siva at the Procore booth. “These are people who are aware of Procore and are coming in for a conversation.” While some came to the show already armed with information, many others took in sessions, to learn more about the industry’s hot-button topics. “We have to start thinking about carbon impacts when it comes to procurement,” stated Sarah Petrevan of the Cement Association of Canada (CAC) as she took part in a panel discussion about net-zero and the role of cement in future builds moderated by former CAC president Mike McSweeney. He stated that the construction industry needs to consider the use of building materials with the longest lifespans, lowest carbon footprints and are put in place using the best technologies if Canada is going to reach its net-zero goals. The next edition of the Canadian Concrete Expo will be in 2023 as it moves

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to its usual month of February. The 2022 event was postponed by a couple of months due to COVID-19 protocol concerns, but that put the show into the working season for many in the industry. “Returning to the show’s regular show dates will significantly boost attendance,” stated Galloway. “Contractors risk losing money by stepping away from their job sites, and we had some sunny weather during the 2022 show, but, that didn’t stop people from attending who want to conduct business with one or more exhibitors.” Next year’s CCE will once again be held at the International Centre, running on February 16 and 17. For more information, visit www.canadianconcreteexpo.com.

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THE TOP 40 Page 31 WORK FORGES AHEAD Page 32 TOP FIVE UNDER 50 Page 38 LISTINGS Page 40

FORGING AHEAD

CANADA’S TOP CONTRACTORS

on-sitemag.com / 27

Committed to Protection and Growth Aon is in the business of better decisions and we are proud of our years of support for the Canadian construction industry. aon.com

WELCOME LETTER

O James MacNeal

n behalf of Aon, we are proud to continue our sponsorship of the Top Contractors issue of On-site for the fifth consecutive year. It has now been more than two full years since the onset of the pandemic and the stress on society and the economy continues. Until recently, the impact on the construction economy has been much less than initially expected, however, we are starting to see the unintended consequences of actions taken beginning to manifest in the construction sector. Actions by governments to support individuals and business throughout the pandemic have wound down, and central bankers are facing pressure to address inflation that has taken hold throughout the world’s economies. Compounding the pandemic-related supply chain issues, we have an energy cost escalation fuelled by a pointless conflict in Ukraine. Businesses and governments are re-examining their supply chains and their sources of energy. Aon’s Global Construction and Infrastructure Group is the world’s leading risk advisor and broker to the construction and infrastructure industry. Our Canadian practice is here to support the Canadian construction industry at all levels of the marketplace, bringing the best advice and experience for around the world to help you make better decisions.

THE OPPORTUNITY FOR CANADA

Doug Correa

Volatility is increasing. The peace dividend of the 1990s may be gone; sound and predictable money may take years to restore; and supply chains will continue to be tested for operational resiliency and political risk. Canada is in an envious position. We have the ethically sourced resources the world needs, supplied from one of the oldest and most stable democracies on the planet. A rebalancing of ESG should lead to greater opportunity for Canadian resource development, including both traditional carbon-based sources of energy as well as clean energy sources. In addition, we have a diversified knowledge-worker economy and the best demographic in the G7 supported through immigration. Governments are committed to building out our infrastructure, the biggest risk to this continued investment is rising interest rates that could wreak havoc with budgets, similar to what happened in the 1990s. Regardless, investment will be required and prioritized.

PRODUCTIVITY GAINS IN CONSTRUCTION Construction has historically been a low-productivity industry with gains at a fraction of what is seen in other industries, like manufacturing. Investment continues to grow in technologies that could transform not only the construction industry, but also industries that serve construction, like insurance. These innovative technologies can substantially de-risk construction sites by using the power of the Internet of Things (IoT), reality capture and artificial intelligence (AI). These technologies not only reduce risk; they can significantly improve productivity. Aon has invested in understanding these technologies to help the industry translate these tools to the risk capital and finance communities on your behalf.

LOOKING FORWARD The future is always uncertain, but with the right contractual terms, operational practices, data, technology and risk finance solutions, we can help you find opportunities for sustainable growth. Sincere congratulations to this year’s Top Contractors. On behalf of the Aon Global Construction and Infrastructure Group Leadership team and colleagues throughout Canada and the world, we thank you for the opportunity to work with you. James MacNeal, CEO Global Construction and Infrastructure Doug Correa, EVP and Specialties Leader Canada on-sitemag.com / 29

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A healthy year despite uncertainty Last year will likely be viewed as one of the more unusual ones in the annals of the Canadian construction industry. While some companies reported slightly lower revenues compared to last year’s survey, overall collective construction volumes were up, and there were more gains than dips among respondents. Our 2022 survey of 2021 results also has a few more companies in the billion-dollar club. Most respondents who shared are forecasting increases in year-over-year volumes in the near-term, which indicates optimism at a time when uncertainty still reigns. As with 2020, COVID was still a factor, but 2021 was also hit with a mix of rising inflation figures, concerns about availability of labour, and ongoing supply chain issues as well. Of course, it didn’t hurt that governments seemed ready to tackle as many projects as they could set press conferences up to announce, adding to a fairly healthy volume of ICI and residential projects that are at varying stages of progress. And weather-related emergency work in several parts of the country likely helped revenues as well. As we crossed from 2021 to 2022, fuel prices hit record highs, material prices are a going concern, and there are worries about projects being put on hold, or being cancelled. Despite this, most companies willing to share their 2022 forecasts are eyeing growth in construction volumes. Once again this year, the team at On-Site would like to thank all of the contracting firms that took the time to participate in our annual survey. Your valuable contributions make this research possible, and allow us to share trends and insights with our industry.

TOP FIVE COMPANIES UNDER 50 EMPLOYEES Rank Company

Revenue

Caliber Projects Ltd.

Orion Construction

$65,000,000

Clobracon Construction Inc.

$63,000,000

Rosati Construction

$53,259,508

Ira McDonald Construction Ltd. $40,000,000

$115,600,000

TOP 40 Rank

Company

2021 Revenue

PCL Construction

$7,600,000,000

EllisDon Corporation

$4,974,492,000

Aecon Group Inc.

$3,977,000,000

Graham Construction

$3,800,000,000

Kiewit Canada Group Inc.

$3,005,000,000

Ledcor Group of Companies

$3,000,000,000

Pomerleau

$2,957,456,000

Bird Construction Inc.

$2,220,026,000

Broccolini Construction Inc.

$1,286,000,000

Flynn Group of Companies

$1,184,502,525

Green Infrastructure Partners

$1,100,000,000

EBC Inc.

$850,000,000

Clark Builders

$763,000,000

North American Construction Group

$654,143,000

Magil Construction

$650,000,000

Taggart Group of Companies

$593,000,000

Reliance Construction

$582,000,000

Chandos

$490,000,000

Maple Reinders

$450,000,000

Strike Group

$330,124,868

FWS Group of Companies

$310,000,000

Dawson Wallace Construction Ltd.

$300,000,000

Govan Brown

$300,000,000

Urban One Builders

$285,000,000

Leeswood Construction

$252,349,852

Buttcon Limited

$250,000,000

Delnor Construction Ltd.

$248,000,000

Turner Construction Company

$198,756,000

Marco Group Limited

$193,000,000

Keller Foundations Ltd.

$184,000,000

Gillam Group Inc.

$181,000,000

Matheson Constructors

$181,000,000

Trotter and Morton

$175,000,000

M Builds

$170,000,000

Fortis Construction Group Inc.

$167,000,000

Avondale Construction Ltd.

$158,000,000

Kinetic Construction Ltd.

$140,063,908

Priestly Demolition

$131,000,000

Grascan Construction Ltd.

$125,567,669

Wales McLelland Construction

$118,000,000

Based on responses to research conducted by On-Site, as well as publicly available data. Some contractors chose not to participate in this research.

on-sitemag.com / 31

WORK

FORGES AHEAD Not even shortages of materials and labour, rising costs nor ongoing pandemic concerns could put much of a dent in Canada’s construction economy in 2021. BY ADAM FREILL

he Canadian construction industry had a relatively strong year in 2021, although some segments had better results than others, and challenges seem to be waiting around every corner. As governments put marketing efforts into addressing the shortage of skilled workers and the supply chain wrestled with getting products onto project sites, building continued despite rising prices for both real estate assets and the products used to build them. Overall, Statistics Canada reported a record year for building construction, with values jumping almost 20 per cent, to $218.2 billion in 2021. Much of that rise can be attributed to a significant increase in the value of

32 / JUNE 2022

residential real estate, including in the largest segment, the apartment and condo market, which increased some 22 per cent. The non-residential buildings sector was relatively flat last year, falling just shy of one per cent, but institutional builds were a bright spot, spiking upwards by 12 per cent, paced by hospitals, schools and other such projects. In addition, the total value of spend on infrastructure assets rose by more than $7 billion on the year, reaching $89.7 billion in 2021. Highways and roads led that segment in both spend and growth, while bridges and tunnels were down on the year but were still considerably higher than three and four years ago. Looking ahead, escalating construc-

tion costs, rising inflation and lending rates, and limited workforce availability are raising some concerns about projects on the drawing board in some regions of the country. Stories have emerged about municipalities putting projects on hold or having to re-tender them after bids came in significantly higher than the anticipated budgets. If there’s an emerging theme, it could be that uncertainty seems to be the common factor that most companies, and their clients, are trying to navigate. “The return of significant inflation after

PHOTO: COURTESY OF JEFF COOKE / COOKED PHOTOGRAPHY / ELLISDON ATLANTIC

years of relative stability is having a big already seen significant cost escalations impact on our industry,” says Dave Filipin the construction industry due to supply chuk, president and CEO of PCL Construcchain and materials inflation,” reports tion. “Rising inflation creates a Erich Schmidt, manager of volatile marketplace which innovation and public can result in project affairs with the losses and subconOntario General tractor defaults Contractors “Construction staff, from which negaAssociathe office to the field, tively impacts tion. “For the industry as non-resis in short supply.” a whole.” idential - Anthony Minniti, vice-president “We have buildings,

of operations at general contracting firm CGI Constructors

the year-over-year increase in costs has been 13 per cent in Q1 2022. Many non-residential projects, both public and private, have been deferred or cancelled. And in some cases, that means that projects aren’t coming where they are needed most, like health care, education or food production.” While challenges remain, participants in On-Site’s 2022 Top Contractors survey are optimistic. The survey of more than 100 construction firms engaged in the Canadian market includes a look at 2021

on-sitemag.com / 33

34 / JUNE 2022

PHOTO: COURTESY OF ETIENNE TSCHANZ / EBC INC.

multitude of needs out there. Demand remains strong with opportunities across most sectors in our industry.” While demand is there, the people and materials needed may not be as easy to find and secure. The biggest challenges in the construction sector right now, says Anthony Minniti, vice-president of operations at general contracting firm CGI Constructors, are “labour availability and inflation.”

PHOTO: COURTESY OF JEFF COOKE / COOKED PHOTOGRAPHY / ELLISDON ATLANTIC

TAKING LABOUR SERIOUSLY

performance as well as expectations for 2022 to judge sentiment for the year ahead. After a 2021 in which almost all sub-segments were higher on aggregate, most respondent companies reported an expectation for growth in 2022 as the nation continues to build its way out of the pandemic. “Initially we witnessed a slowdown in construction activity early in the pandemic due to uncertainty and restrictions in place in some areas,” explains Filipchuk. “As we moved through the pandemic and a return to normalcy was in sight, both public sector and private sector clients returned to launching projects which was not at all surprising to us considering the

Roughly three-quarters of respondents to this year’s survey have seen their companies increase their efforts to attract new workers, with particular emphasis on appealing to traditionally under-represented groups, and crafting programs to introduce the trades to more women, Indigenous people, newcomers and youth. “Demand over the past 12 months was particularly high for skilled workers,” says Bill Ferreira, executive director of BuildForce Canada. “Employment grew at a higher rate than the labour force, leading to declining unemployment rates in most provinces and increasing labour market tightness in many markets across the country.” The overall tightness in the market, combined with an aging construction workforce is making it particularly difficult in the building sector. “Up to a third of skilled trades in construction are nearing retirement,” says Schmidt. “Reports show that we face a shortfall of more than 100,000 construction workers over the next decade.” That’s already having an impact on jobsites. “Construction staff from the office to the field is in short supply,” states Minniti, adding, “the staff we have are managing day to day inflation pressure.” “Between 2021 and 2027, approximately 156,000 workers are expected to retire. During this period, the industry is expected to add only 143,000 workers

“Demand over the past 12 months was particularly high for skilled workers.” - Bill Ferreira, executive director of BuildForce Canada

to the industry, creating a gap of some 13,000 workers,” says Ferreira. When combined with anticipated growth in the sector, all indicators would suggest that there will be considerable opportunity for jobseekers for the foreseeable future. “The construction industry will need to hire nearly 172,000 workers over the next six years to replace retiring workers and keep pace with currently known construction demands,” he says. As companies work with industry associations to help promote construction-related careers, he says that workforce development needs to be the focus as luring employees away from other companies does little to help the industry as a whole. “With retirements increasing, the latter strategy may solve short-term problems, but only kicks the problem down the road because it does nothing to address the long-term needs of the industry.”

IS THERE LIGHT AT THE END OF THE SUPPLIES TUNNEL? As much of the construction industry was at work throughout the pandemic, availability and price of supplies became a focal point. With Russia’s invasion of Ukraine in early 2022 impacting fuel prices, creating additional upward pressure on shipping and pushing prices up in all sectors, construction companies are now leaning on some of what they learned navigating Covid-related supply chain challenges to help them navigate these more recent pressures. “Inflation has hit our industry hard with significant increases to material costs

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including concrete, steel and other importwith owners and procurement agencies to ant building materials. This means, now avoid surprises and consider the impact more than ever, general contractors need that actual inflation may have on projto be really concerned about how they ect budgets. “This involves identifying manage their projects and supply chains,” inflation risks and creating plans with all says Schmidt. project participants to manage the risk in a “Global supply chain disruptions fair manner,” he says. continue to persist which puts strain Communicating with customers on overall project schedules, and also and suppliers is a key point that several contributes to this more volatile marketcompanies cited as being critical to a place,” says Filipchuk. “Shortages and successful outcome. price fluctuations have led us to rely more “Our goal is to have all submittals on stockpiling supply rather than just-intracked and submitted in the first one-fifth time delivery.” of every project,” says Minniti. “This Stockpiling does bring additional allows subtrades and manufacturers to costs, however, as warehousing, insurance secure materials as soon as possible.” and logistics needs all need to be considLooking forward, Ferreira says that ered. In some cases, he says that alternasupply chain issues are expected to be tive products have been considered, often worked out in a relatively short timeframe, from more local sources, which with most supply chain issues can mitigate some of the expected to be managed additional costs. by 2023, which In addition will also help to investigating reduce some of “A wide range of data can new product the pressure be collected to help our options, his currently company is being felt. project teams execute our also commuThe work safely and efficiently.” nicating with lingering its clients in impacts of - Dave Filipchuk, president and ongoing efforts the current CEO of PCL Construction to work together pressures could

36 / JUNE 2022

provide some net-positive outcomes in the coming years, however. Lessons learned about the sharing of risks, the openness to new products and techniques, as well as the use of technology to be more efficient on job sites, can all be used to help future projects. For example, Minniti sees the development and use of more pre-manufactured building elements to be a growth opportunity, and Filipchuk expects to see more smart sensors on sites as the Internet of Things (IoT) and Artificial Intelligence (AI) are embraced by the industry. “A wide range of data can be collected to help our project teams execute our work safely and efficiently,” says Filipchuk. “For example, real-time tracking allows us to reduce our carbon footprint during construction, protect buildings and critical systems against water damage during construction, and turn raw data from building automation and mechanical systems into actionable insights to improve commissioning and building management.” His company has also been using “Spot” a robotic dog that uses cameras and AI to collect data and track progress. “AI can potentially lead to safer sites and help with labour shortage where applicable.” Even heavy machinery is getting a tech make-over, as remotely operated equipment is quickly becoming a reality, and virtual spaces are making it possible to connect with almost anyone at any time, from anywhere, to keep projects on pace. “The use of real-time cameras to review site conditions will drastically change the way we work in the coming years,” says Minniti. “Work from anywhere, with more staff working from various locations, the need to have stable infrastructure to connect engineers, architects, contractors and owners will be at the forefront of collaboration this year.”

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TOP FIVE UNDER 50 EMPLOYEES

ORION CONSTRUCTION Headquarters: Langley, B.C. 2021 Revenue: $65,000,000 www.orionconstruction.ca

CLOBRACON CONSTRUCTION INC. Headquarters: St-Laurent, Que. 2021 Revenue: $63,000,000 www.clobracon.com

ROSATI CONSTRUCTION Headquarters:Windsor, Ont. 2021 Revenue: $53,259,508 www.rosatigroup.com

IRA MCDONALD CONSTRUCTION LTD. Headquarters: Hamilton, Ont. 2021 Revenue: $40,000,000 www.iramcdonald.com

BY ADAM FREILL

“

eople are our x-factor,” says Jerry Pol, business development manager at Caliber Projects during a discussion about the traits, values and culture that landed his company in the top spot on On-Site’s Top 5 Companies with Under 50 Employees for a second straight year. Compiled as part of On-Site’s Top Contractors in Canada special feature, the list gives due to the small to medium-sized companies who are, as Pol likes to put it, “crushing it” on their projects. For Caliber Projects, its focus is primarily on mixed-use, multi-family and master-planned communities in B.C.’s Fraser Valley region. “We are building various multi-building six-storey projects, constructed out of concrete and wood-frame,” explains Pol. “as well as pure concrete mid-rises – we like to call them towers, but they are eight to 10 storeys. And there is concrete high-rise on the horizon.”

PHOTOS COURTESY OF CALIBER PROJECTS

CALIBER PROJECTS LTD. Headquarters: Langley, B.C. 2021 Revenue: $115,600,000 www.caliberprojects.com

BUILDING PEOPLE: CALIBER’S X-FACTOR

38 / JUNE 2022

With the company crossing the 50-employee threshold in early 2022, it will not be present on the list for a third consecutive year next year, but Pol and the company’s chief financial officer, Zack Staples, are not as concerned about rankings as they are about the company’s projects and the people they work with – both their clients and their employees. “What makes us different is how Caliber engages its employees in all aspects of the employee-employer relationship,” says Staples. “We want to be awesome, and that means being huge in living out our culture, but we don’t want to be a giant, 250-person company,” explains Pol. “We are trying to stay in what we call the sweet spot of production.” Staying in that spot and being open with its team about the company and its goals, has allowed Caliber to foster a spirit of communication and comradery that has facilitated the considerable growth in project volumes over the past year, say the pair. And that growth trend is expected to continue as the next sets of large projects come into range between now and 2024. “We believe that our people are the best in the business,” says Pol, explaining that the leadership team calls the members of its project teams their A-Players. “There’s profit and efficiency opportunities that we will be able to capitalize on because of the nature of the people that we have working at Caliber Projects.” Providing the tools that set Caliber’s A-Players up for success, says Staples, starts with strong communication channels. “We have a standard communication rhythm, starting with daily huddles within the small teams, and weekly touch points to meet with departments,” he says. “All meetings include a relational element.” The weekly meetings are where participants celebrate any wins or successes

and share good news about the company, as well as about their employees and their families. “That’s a really important part of our culture,” he explains. The meetings also provide opportunities for the company to be nimble by soliciting feedback from staff who are on their jobsites every day. “Feedback loops are an important part of a small organization like Caliber,” says Staples. “One of the advantages of being small is the ability to pivot quite quickly, but if you want to act quickly, you need to have strong feedback loops that allow you to do so.” “People support what they help create,” explains Pol. “One of our core values is ‘Own it!’ People will own it if you involve them.” Involvement is not just for the team at Caliber. It also extends to the company’s customers as well. “No different from how we engage with our employees, it has to work in the other direction as well, with our clients, the owners or developers,” explains Staples. “Heavy engagement and frequent communication is necessary. We have large, complex projects that we are supporting, and our clients are depending on us to execute these projects with as few surprises as possible, in a dynamic environment rife with change. The only way to combat the uncertainty is to have frequent conversations with key stakeholders.” The ability to have those kinds of conversations also stems from Caliber’s process of selecting which projects to take on and which developers to work with in any given year. The company holds quarterly and annual strategy meetings with wide representation from its team where upcoming opportunities are presented and discussed in detail before the next targets are set. “High involvement in strategic planning; that’s an awesome part of how Caliber makes decisions that affects the greater company and the employees,” says Staples. “We each have the opportunity to express feedback, and collectively we make a decision about what we are going to do. It’s really a collaborative effort.” By encouraging different perspectives,

and the desire to “own it,” Caliber Projects is empowering their people since, as Staples explains, “ultimately the success or failure of these plans lies in the hands of those doing the work.” “Our goals might look different than other companies. We prioritize work-life balance. Go home on time as much as possible. Hang out with your kids. Have your family become part of the Caliber family. It’s about culture and being a great place to work,” says Pol. “Our People have

been our x-factor through a pandemic, through accelerated inflation and supply chain shortages; it’s all about our A-Players and their families. We love building people and the processes that allow them to succeed.” Adds Staples, “There’s lots to celebrate. We’ve got something very special, and we want to ensure that our attention is in the right place, and it all comes back to the men and women who continue to push Caliber onwards and upwards.”

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on-sitemag.com / 39 liebherr new dawn 4.625” x 7.5" feb22.indd 1 OnSite_Liebherr_March22.indd 1

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LISTINGS

ACTIVITIES

A Aecon Group Inc. 105 - 20 Carlson Crt. Toronto, ON M9W 7K6 T: 416-297-2600 www.aecon.com B, J, K, T W, Z

Broccolini Construction Inc 500 - 16766 Transcanada Kirkland, QC H9H 4M7 T: 514-737-0076 www.broccolini.com C, H, M, V,

Allan Construction 317 103rd St E Saskatoon, SK S7N 1Y9 T: 306-477-5520 www.allanconstruction.ca M Avondale Construction Ltd. 49 Hobson Lake Dr Halifax, NS B3S 0E4 T: 902-876-1821 www.avondaleconstruction.com B, C, D, F, H, M, N, O, U, V

Buttcon Limited 401 - 8000 Jane St, Tower B Concord, ON L4K 5B8 T: 905-907-4242 www.buttcon.com C, H, M, N, O, V

C Caliber Projects Ltd. 2021 202 - 6375 202 St Langley, BC V2Y 1N1 T: 778-808-6656 www.caliberprojects.com C, E, M, V, Y

Baycrest Project & Construction Management 23 Railside Rd Toronto, ON M3A 1B2 T: 416-444-0200 www.baycrestgc.com C, F, H, M, O

CGI Constructors 895 Meyerside Dr Mississauga, ON L5T 1R8 T: 905-564-6560 www.cgigc.com C, M, O

Bird Construction Inc. 400-5700 Explorer Dr Mississauga, ON L4W 0C6 T: 403-710-6477 www.bird.ca A, C, E, F, H, M, N, O, R, S, T, V, X, Y, Z

Chandos 9604 20 Ave NW Edmonton, AB T6N 1G1 T: 780-436-8717 www.chandos.com B, C, E, H, M, O, V, Z

Bockstael Construction 200 - 100 Paquin Rd Winnipeg, MB R2J 3V4 T: 204-997-4730 www.bockstael.com C, E, F, H, J, M, N, O V

CIF Construction Ltd PO Box 2159 Prince George , BC V2N 2J6 T: 778-835-5357 www.cifcon.com A, E, F, M, R, W, X, Z

Bremner Engineering and Construction Ltd. 116 Boulder Cres Canmore, AB T1W 1L3 T: 403-678-2659 www.becl.ca A,, B, C, D, E, F, G, H, J, K, M, N, O, Q, R, S, T, U, V, W, X, Y, Z

Clark Builders 800 - 5555 Calgary Trail NW Edmonton, AB T6H 5P9 T: 780-278-6737 www.clarkbuilders.com C, E, G, H, M, N, O, R, V

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The following letter codes are used to indicate areas of activity for the contractors in the listings on these pages. A B C D E F G H J K M N O Q R S T U V W X Y Z

Aggregates Bridges Commercial Buildings Communication Engineering Concrete Contract Management Demolition Design/Build Electric Power/Utilities Environmental Remediation General Contracting Industrial Buldings Institutional Buildings Marine-Related Mining-Related Oil and Gas-Related Other Transportation Construction Residential Houses Residential Multi-Unit Roadbuilding Sewer Structural Steel Waterworks

Clearway Group of Companies C - 45 Rodinea Road Maple, ON L6A 1R3 T: 905-761-6955 www.clearwaygroup.com M Clobracon Construction Inc. 1 - 2535 Halpern St-Laurent, QC H4S 1N9 T: 514-731-0035 www.clobracon.com E, F, G, M, N, O, V Con-Tech General Contractors Ltd 9 Capital Circle Saskatoon , SK S7R 0H4 T: 306-381-8770 www.contechgc.ca A, C, E, F, H, M, W, X, Y, Z Construction SRBscc 760 Rossiter Rd Saint-Jean-sur-Richelieu, QC J3B 8J1 T: 450-524-4040 www.constructionsrb.com M

D Dawson Wallace Construction Ltd 4611 Eleniak Rd Edmonton, AB T6B 2N1 T: 780-466-8700 www.dawsonwallace.com C, F, H, M, N, O Delnor Construction Ltd 3609 - 74 Ave Edmonton, AB T6B 2T7 T: 780-469-1304 www.delnor.ca M

E EBC inc. PO Box 158, 1095 Valets St L’Ancienne-Lorette, QC G2E 3M3 T: 418-872-0600 www.ebcinc.com B, C, E, F, G, H, J, M, N, O, Q, R, T, V, W, X, Y, Z EBS Geostructural Inc. 320 Woolwich St Breslau, ON N0B 1M0 T: 519-648-3613 www.ebsgeo.com C, H, N, O, V EllisDon Corporation 1004 Middlegate Rd Mississauga , ON L4Y 1M4 T: 403-616-7109 www.ellisdon.com A, B, C, D, E, F, G, H, J, K, M, N, O, Q, R, S, T, U, V, W, X, Y, Z Enviro-Ex Contracting Ltd 1725 Theodore Rd Prince George, BC V2K 5W6 T: 250-803-2933 www.enviro-ex.com A, B, G, K, R, S, W, X, Z

F Fluor Driver 1003 Ellwood Rd SW Edmonton, AB T6S 1G9 T: 780-975-4328 www.fdindustrial.com M

Flynn Group of Companies 6435 Northwest Dr Mississauga, ON L4V 1K2 T: 905-671-3971 www.flynncompanies.com C, J, N, O, S Fortis Construction Group Inc. 416 Advanced Blvd Tecumseh, ON N8N 5G8 T: 519-419-7828 www.fortisgroup.ca F, H, M, O, V FWS Group of Companies 375 Commerce Dr Winnipeg, MB R3P 1B3 T: 204-805-1995 www.fwsgroup.com F, H, M, R, Y

G Gantoec 4 - 1405 North Service Rd E Oakville, ON L6H 1A7 T: 647-220-2892 www.ganotec.com M Garian Construction Ltd PO Box 166 Tusket Yarmouth, NS B0W 3M0 T: 902-648-3307 www.garian.ca M Gillam Group Inc. 3 - 36 Northline Rd Toronto, ON M4B 3E2 T: 416-486-6776 www.gillamgroup.com C, F, H, M, N, O, V Govan Brown 108 Vine Ave Toronto, ON M6P 1V7 T: 416-703-5100 www.govanbrown.com C, H, M, N Graham Construction 10840 27 St Calgary , AB T2Z 3R6 T: 403-570-5231 www.grahambuilds.com B, C, H, M, N, O, R, S, V, W, Z

Grascan Construction Ltd 61 Steinway Blvd Toronto, ON M9W 6H6 T: 416-881-4188 www.grascan.com B, H, W

I Ira McDonald Construction Ltd. 16 - 67 Frid St Hamilton, ON L8P 4M3 T: 905-297-4653 www.iramcdonald.com M

J JR Certus Construction Co. Ltd. 3 - 81 Zenway Blvd Vaughan, ON L4H 0S5 T: 647-494-0150 www.jrcertus.com C, F, H, M, N, O, V JUL Construction LTD 921 Victoria St Kamloops, BC V2C 2C1 T: 250-572-2899 https://julconstruction.com M

K Keller Foundations Ltd 1 - 254 Main St N Acton, ON L7J 1W9 T: 647-417-0115 www.keller-na.com E Kenny’s Trucking Ltd. 1977 Little River Dr Bathurst, NB E2A 6M3 T: 506-548-9991 A, B, C, D, E, F, G, H, J, K, M, N, O, Q, R, S, T, U, V, W, X, Y, Z Kiewit Canada Group Inc. 200 - 10333 Southport Rd SW Calgary, AB T2W 3X6 T: 403-693-8701 www.kiewit.ca A, B, D, E, H, J, K, M, N, Q, R, S, T, W, X, Y, Z

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LISTINGS Kindred Construction Ltd. 308 - 2150 W Broadway Vancouver, BC V6K 4L9 T: 778-682-8251 www.kindredconstruction.com C, E, H, M, N, O, U, V Kinetic Construction Ltd. 201 - 862 Cloverdale Ave Victoria, BC V8X 2S8 T: 250-381-6331 www.kineticconstruction.com C, H, M, N, O, V

L Ledcor Group of Companies 1200 - 1067 West Cordova St Vancouver , BC V6C 1C7 T: 604-681-7500 www.ledcor.com C, H, R, S Leeswood Construction 7200 West Credit Ave Toronto, ON L5N 5N1 T: 416-309-4482 www.leeswood.ca C, H,M,N,V Luxton Construction Inc. 103A - 8275 92 St Delta, BC V4G 0A4 T: 604-968-4660 www.luxtonconstruction.ca M

M M & D Builders 128 - 5910 Greensboro Dr Mississauga, ON L5M 5Z6 T: 416-822-2249 www.mdbuilders.ca C, D, F, H, M M Builds 955 Cobalt Cr Thunder Bay, ON P7B 5Z4 T: 807-356-1650 www.mbuilds.ca C, M, N, O, V

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Magil Construction 101 - 2000 Argentia Rd, Plaza 2 Mississauga, ON L5N 1V8 T: 905-890-9193 www.magil.com C, E, H, J, M, N, O, V Maple Reinders 2660 Argentia Rd Mississauga, ON L5N 5V4 T: 905-821-4844 www.maple.ca B, C, E, F, H, M, N, O, V, X, Z Marco Group Limited 78 O’Leary Ave St. John’s, NL A1B 4B8 T: 709-754-3737 www.marcogroup.ca C, F, H, M, N, O, V Matheson Constructors Industrial Pkwy Aurora, ON L4G 4C4 T: 905-669-7999 www.mathesonconstructors.com C, F, H, M, N, O Metric Contracting Services Corporation 34 Bramtree Crt Brampton, ON L7G 4S4 T: 905-793-4100 www.metricgroup.ca W, X, Z

N North American Construction Group 27287 100 Ave Acheson, AB T7X 6H8 T: 780-960-7171 www.nacg.ca F, G, H, J, K, M, R, S, W North Construction 378 Esplanade E North Vancouver, BC V7L 1A4 T: 604-904-2300 www.north-construction.com J, K, M, U, V, W, X, Z

O O.N.Site Construction Inc. 40 - 2861 Sherwood Heights Dr Oakville, ON L6J 7K1 T: 905-829-8895 www.onsiteconstruction.ca C, F, G, H, M, N, O Ontario Cutting & Coring Limit 1 - 2398 Haines Rd Mississauga, ON L4Y 1Y6 T: 905-279-2660 www.ontariocuttingandcoring.com B, C, G, J, N, O, U, V, W, Z Orion Construction 105 - 19923 80A Ave Langley, BC V2Y 0E2 T: 604-362-2994 www.orionconstruction.ca C, H

P PCL Construction 9915 56 Ave NW Edmonton, AB T6E 5L7 T: 780-733-5107 www.pcl.com A, B, C, D, E, F, G, H, J, K, M, N, O, Q, R, S, T, U, V, W, X, Y, Z Pomerleau 300 - 500 rue Saint-Jacques Montreal, QC H2Y 1S1 T: 514-702-7390 www.pomerleau.ca B, C, E, F, G, H, J, M, N, O, Q, R, T, V, W, X, Y, Z Prairie North Group Ltd. 9725 - 266 St Acheson, AB T7X 6H6 T: 780-499-1509 www.dirtmoving.com M, R, S, W Priestly Demolition 3200 Lloydtown-Aurora Rd King, ON L7B 0G3 T: 416-458-2127 www.priestly.ca A, B, C, G, K, N, R

Professional Excavators and Construction Inc 10919 84 Street SE Calgary , AB T2C 5A6 T: 403-863-8653 www.professionalexcavators.com E, F, G, M, W, X, Z

R Reliance Construction 3285 J.B. Deschamps Lachine, QC H8T 3E4 T: 514-631-7999 www.relianceconstruction.com C, F, H, M, N, V Revlyn Demolition & Recycling Ltd 11104 201 St Edmonton, AB T5S 2K6 T: 780-454-8167 www.revlyn.ca G Rhino Excavation Ltd 56 - 2268 Perth Line Wellesley, ON N0B 2T0 T: 519-998-9886 www.rhinoexcavation.com A, C, G, N, U, V, X, Z Rosati Construction 6555 Malden Rd Windsor, ON N9H 1T5 T: 519-734-6511 www.rosatigroup.com C, E, F, H, M, N, O, V, X, Y

S Self Storage Contracting Inc. 200 Brock St Barrie, ON L4N 2M4 T: 905-526-0202 www.selfstoragecontracting.com E, N SG Constructors 203 - 700 Kerr St Oakville, ON L6K 3W5 T: 647-207-6494 www.sgconstructors.ca M

Sigfusson Northern 244 Cree Cres Winnipeg, MB R3J 3W1 T: 204-594-1132 https://sigfusson.ca M

Transcendent Mining and Mobilization Inc. 701 Douglas Fir Rd Sparwood, BC V0B 2G0 T: 778-521-5144 www.transcendentmining.com M, R

Sittler Demolition 36A Centennial Rd Drumbo, ON N2B 3G1 T: 519-581-1351 www.sittler.ca C, E, G, K, N, O, V

Trotter and Morton 5799 3rd St SE Calgary, AB T2H 1H9 T: 403-836-0780 www.trotterandmorton.com C, E, F, J, M, S, Z

Snyder Construction 920 Brawley Rd W Ashburn, ON L0B 1A0 T: 905-655-5000 www.snyderconstruction.ca C, F, G, H, M, N, O, U, V

Turner Construction Company 1601 - 700 West Pender St Vancouver, BC V6C 1G8 T: 604-626-3865 www.turnerconstruction.com A, B, C, D, E, F, G, H, J, K, M, N, O, Q, R, S, T, U, V, W, X, Y, Z

Southwest Design & Construction Ltd. 3755 18 Ave N Lethbridge , AB T1H 6T2 T: 403-380-0278 www.southwestdesignandconstruction.com F, H, M, N, O, S Strike Group 1300 - 505 3rd St SW Calgary, AB T1Y 2S8 T: 403-775-1031 www.strikegroup.ca E, G, J, K, M, N, R, S, Y

U Urban One Builders 50 W 7th Ave Vancouver, BC V6X 1N4 T: 604-273-5100 www.urbanonebuilders.com E, F, H, M, O, V

V Vixman Construction LTD 4919 7th Line Rockwood, ON N0B 2K0 T: 519-856-2000 www.vixman.com N, O

Sutera Inc. 3829 Concorde Blvd E Laval, QC H7E 2E2 T: 514-605-6591 www.groupesutera.com M, O, V

T Taggart Group of Companies 3187 Albion Rd Ottawa, ON K1V 8Y3 T: 613-521-3000 www.taggart.ca C, U, V, X

Wales McLelland Construction 6211 Fraserwood Place Richmond, BC V6W 1J2 T: 604-638-1212 www.walesmclelland.com C, F, H, M, N

on-sitemag.com / 43

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HEALTH & SAFETY

LOSING PAPER TO IMPROVE SAFETY Five advantages of electronic data capture and analysis for safety processes. BY GREG NORRIS

afety is a top priority at almost every construction company, but many overlook the risks of relying on paper as a cornerstone of their safety processes. Making the switch to electronic forms and an online, mobile solution for the distribution, collection and analysis of safety related data can help minimize risk and increase compliance. It can also reduce the administrative burden on their employees by moving away from paper-based safety processes, while gaining the ability to turn real-time data into actionable intelligence.

GETTING INFORMATION TO THE FIELD

Regular safety meetings, or toolbox talks, are a proven tool that helps prevent injuries, improve compliance with regulatory requirements and sustains a culture of safety. Managing this process can be an ongoing administrative headache, however. Delivering safety materials and forms to the field can limit portability and accessibility, and may create lag times. With an electronic process, users in the office can distribute safety information and forms instantly. Users in the field can access them right away.

CUSTOMIZING YOUR FORMS Electronic forms provide the flexibility to generate safety forms quickly and easily, and to customize them. Contractors can add, delete and create new fields and sections as needed to capture the exact information they need about a specific activity, process or piece of equipment. The updated forms can then be immediately

distributed to those who use them during their work. With paper, contractors are often forced to settle for generic, one-size-fits-all forms. And images, attachments, time stamps, and GPS information can also be included with electronic forms. These can validate safety data from the field, providing a much higher level of detail and utility.

PREDICT AND PREVENT When contractors use paper forms to document accidents, incidents, near misses and other safety-related events, analysis is a manual process. That can take a lot of time and administrative effort. Turning data into actionable intelligence may be delayed and deferred as a result. Electronic forms for data capture and analysis make it easy to aggregate safety information automatically and populate routine or customized reports and dashboards. Contractors can then use these valuable tools to measure their safety performance and drive continuous improvement. They can also identify trends that could potentially help them to predict and prevent future incidents. For example, a report that compares injury, near-miss and toolbox talk statistics across the enterprise could reveal a need for increased training or compliance steps at specific jobsites. Similarly, efficient analytics could identify an accident trend involving a single person, alerting supervisors that additional training is needed.

LEVERAGING ALERTS Real-time alerts and notifications have

far-reaching utility and advantages across digitized construction workflows. These tools, made possible through the switch from paper to electronic forms, can improve safety too. An event like an injury or an accident reported on a form field can trigger an immediate alert. A foreman checking “yes” on an accident form field asking if there was bodily injury could prompt an immediate message to a superintendent or safety officer or an operator using a similar piece of equipment. Getting the information right away can help them to respond appropriately or prevent a similar incident.

IMPROVING INSPECTIONS Inspections are an everyday process for most contractors. Documenting progress, driving quality and cutting costs are primary goals, but there are important safety aspects to site and equipment inspection processes as well. Catching problems as quickly as possible can prevent injuries. When paper is part of the inspection process, it may take a week or two for inspection forms to reach someone who can take action, and lag time could be catastrophic. Since electronic inspection forms can be submitted instantly, they help close the time gap between the field, the shop and the office. Potential risks identified in a site inspection can be addressed promptly, in a more timely manner.

Greg Norris is director of marketing communications at B2W Software. on-sitemag.com / 45

PPE

SELECTING SAFETY FOOTWEAR What to look for in a new work boot. BY ROBIN SKILLINGS

SIGNS YOUR BOOTS SHOULD BE REPLACED Sometimes knowing when it is time to replace an old pair of work boots can be self-explanatory. If work boots have visible holes and cracks or are literally falling apart at the seams, it is time for a new pair. However, when it comes to boot replacement, there are some less obvious indicators to look out for as well. For example, an overly pliable boot suggests that the shoe no longer has the structural rigidity it possessed at the time of purchase. Delamination of the outsole is another sign and is visible when the outsole of your boot starts separating from its leather or fabric upper. This occurs when the cement construction of the shoe wears out due to either the age of the glue or exposure to caustic materials. Even protective toe caps can become damaged over time and need replacement. This is especially important after a cap takes a blow regardless of any visible

46 / JUNE 2022

damage as micro-cracks can develop making toe caps significantly less effective.

SELECTING NEW SAFETY FOOTWEAR When the time finally comes to unlace a pair of boots for the last time, there are many factors to take into consideration when it comes to looking for new footwear. Different work sites have unique requirements for personal protective equipment (PPE) and that includes safety footwear. In addition to choosing a shoe that meets the specific safety demands, performance and comfort enhancements should not be ignored. You are wearing these boots all day, after all! These features must also be considered to not only maximize productivity over the course of a long workday but improve foot health as well. In Canada, a few factors to consider include: CSA certification: A prerequisite for

Canadian jobsites is a CSA-certified boot. Puncture-resistant outsoles are a critical component of this certification, and help prevent sharp objects, such as nails, from piercing through the outsole and causing injuries underneath the foot. In the past, this extra layer of protection, which can be found in the boot’s midsole, were constructed from metal plates such as steel. However, thanks to material advances, this layer can now be constructed from high-tensile strength woven fabrics, which are lightweight and flexible as well as non-metallic options that offer the necessary puncture resistance for the jobsite. Slip resistance: Slips, trips, and falls are some of the most common injuries on the jobsite. In fact, according to Onatrio’s Workplace Safety and Prevention Services, one in five lost-time injuries result from falls. Slip resistant outsoles minimize this

PHOTOS COURTESY OF KEEN UTILITY

t can be tough to let go of a favourite pair of work boots. Those comfortable standbys have worked hard for miles and become so broken in, it’s hard to understand how they may not be working to their optimal performance anymore. When it comes to preventing injuries on the job and ensuring the best in performance and comfort, knowing when it is time to start shopping for a new pair can be critical. With so many options to choose from, it can be overwhelming to select new footwear that not only satisfies safety requirements of the job at hand, but also offers the performance and comfort features that will help get the job done over the course of a long day of work.

risk through an interlocked tread pattern ingrained under the outsole. This pattern channels liquid away from the foot, providing increased surface area and better overall traction. In Canada, CSA certification also requires the labeling of slip-resistance performance data on all safety footwear. Reviewing a boot’s box and label or checking the brand’s website to find the CSA seal of approval is essential prior to purchase. Toe protection: Safety toe caps are often required on jobsites, especially when working with heavy machinery or lifting heavy objects. Traditionally, safety toes were made of steel or aluminum, however carbon-fibre toes are the latest safety cap to enter the market. Carbon-fibre safety toes are 15 per cent lighter than steel, which provides a new-found mobility and comfort for workers. Additionally, these caps are non-metallic, which is extremely beneficial for workers whose jobs require them to pass through metal detectors throughout the day. At my company, both comfort and safety are paramount, which is why safety toes are

asymmetrical to provide a roomier and more comfortable fit. Unique safety features for the job: Every job has its own specific requirements for potential risks. Depending on the potential hazards of the individual jobsite, there is likely a safety footwear option that offers the needed protection. These features could include everything from abrasion-resistant outsoles for worksites where water, grease or any other liquids are common, to Kevlar fibre for resistance against open flames. Whatever presents potential danger at a jobsite, it is essential to select footwear with the safety features that correspond with the job at hand. Seasonality: Although many work boots are made for year-round use, there are benefits to purchasing boots specific for the summer or winter months. For example, insulated and waterproof boots are important in the colder months to keep feet warm and dry. However, as summer rolls around, transitioning into a work boot that is lighter with more breathability may be attractive when it

comes to keeping feet cool during the warmer months.

FINDING THE RIGHT FIT Selecting a work boot that fits well is crucial in order to prevent injuries and maximize comfort over a long day on your feet. When it comes to shopping for a new boot, we recommend trying shoes on at the end of a shift. This is because the feet naturally swell over the course of the day, so this is when they will be at their largest. Additionally, when determining the best fit, it is important to try on new boots while wearing the socks that will be worn while on the job. Companies are constantly innovating new footwear enhancements so there are increasingly more options when it comes to underfoot support, improved performance, and even extended lifetimes of work boots.

Robin Skillings is the vice-president and global general manager at KEEN Utility, a leading industrial and service footwear brand.

Moving Forward in Construction with Avetta In an industry where all eyes are on compliance, Avetta keeps job sites safe and TRIR rates down – while still protecting ROI. The Avetta platform provides access to a roster of industry-leading professionals, vetted and verified to meet your team’s standards.

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on-sitemag.com / 47 OnSite_Avetta_June22.indd 1

2022-06-06 10:22 AM

SOFTWARE

By Jacob Stoller

Closing the tech gap A new generation of emerging technology companies are proposing innovative solutions to some of construction’s toughest problems. The hard part is connecting concepts with reality.

ntil fairly recently, construction wasn’t much of a draw for software companies. Today, large contractors are inundated with requests from emerging firms to pilot their construction-specific solutions. The trend is creating a plethora of apps that bring cutting edge technology from the head office out into the field. “We’re adopting tools that help us go from the traditional desktop environment to a new generation of mobile apps that give end users in the field access to that technology,” says Hammad Chaudhry, EllisDon’s national director of project delivery services. EllisDon uses a standardized approach for experimenting with new technology. “We’ve created a new department called Digital Project Delivery,” says Chaudhry, “and that’s looking at all kinds of project innovation on the Virtual Design and Construction (VDC) side of things — software that’s domain-specific to construction, and that might solve pain points that we’re already hearing about from our site teams or superintendents or project managers.” At Turner Construction, the company has a group headed by vice-president and chief innovation officer James Barrett that interviews hundreds of start-ups in search of new technology that could lead to significant measurable improvements in the business. The group applies a structured “problem finding” workshop approach to a range of activities, including eliciting input from field staff and people closest to the work, consulting with vendors, and evaluating products based on relevant business criteria in real-life work environments. “I’m convinced that innovation can be predictable, and that you can bring more certainty to the process and increase the probability of success,” says Barrett. “Our goal is to systemize innovation so that you’re more likely to make a positive lasting impact on our people and our industry.”

KEEPING TRACK Progress tracking is one of the top pain points. “Because of the number of people and companies involved in a major project, it takes an enormous amount of time and energy to get an accurate reflection of progress at any stage,” says Chaudhry. “So, progress tracking has been coming up a lot.” “We’re looking at anything that can help us measure progress, quantify it, and then tie that to labour and materials,” says Barrett. “There are also some interesting solutions around optimizing schedules and monitoring progress of the work, and we’re working with a couple of start-ups on that. Better understanding and improving productivity is of particular interest to us, because that is at the heart of who we are as builders.” If there’s a killer app for progress tracking, it’s the powerful

48 / JUNE 2022

combination of cameras (or laser scanners) and artificial intelligence (AI). AI analyzes and contextualizes the masses of data that the sensing devices collect, and then inputs the data to software applications such as a VDC model or a scheduling program. Firms like Cupix and StructionSite support site data collection using a 360-degree camera or other scanning device. “We now have 360-degree cameras which you can attach to your hard hat,” says Chaudhry. “You walk the site with it every day and automatically capture the status of that project throughout history. That means you can go back in time and see what was behind the drywall without actually ripping out the drywall.” Of course, even the walking portion can be automated. Turner is experimenting with using Spot, a robotic dog from Boston Dynamics, to carry cameras and laser scanners. “We’re interested in Spot and other robotic solutions that can free up human beings to do fulfilling and meaningful work,” says Barrett. Another data collection approach is provided by start-up vendor Versatile. The solution, CraneView, uses cameras that are mounted on crane hooks that work in harmony with hardware sensing devices and AI software to provide real-time information on crane productivity.

MAKING A DIFFERENCE While tech solutions tend to look great on websites, their success depends on busy people changing how they do their jobs, which is not always easy. “A key part of fostering innovation is supporting a digital culture,” says Chaudhry. “I don’t think we have people who are against technology anymore, but if you add something to their to-do list without providing anything back to them, it’s not going to be successful.” The key is making sure that people piloting new products are able to go the distance and give the product a fair evaluation. “We want to provide that complementary support so that it’s not a burden on their shoulders,” says Chaudhry. “Probably the biggest part of my job is organizational change management. It’s great that we can have the coolest software in the world, but if nobody knows about it and it doesn’t get into the hands of the people who need it, then it’s not innovation,” says Barrett. “Our job is to make change and make a difference.”

Jacob Stoller is principal of StollerStrategies. Send comments to editor@on-sitemag.com

ADVERTISERS’ INDEX & WEBSITES Adrian Steel.......................... www.adriansteel.com .................................................... 9 Ahern.................................... www.aherncanada.ca .................................................. 17 Aon........................................ www.aon.com .............................................................. 28 Avetta.................................... www.avetta.com/demo ................................................ 47 B2W Software........................ www.b2wsoftware.com/Larry ....................................... 11 BKT Tires............................... www.bkt-tires.com ....................................................... 19 CONEXPO.............................. www.conexpoconagg.com ...................................... 15, 44 Farber Tax Law...................... www.farbertax.com ................................................ 20, 21 General Liquids Canada........ www.general-liquids.com .............................................. 7

Greenergy.............................. www.greenergy.com/canada ........................................ 55 Hitachi Construction............. www.hitachicm.us ......................................................... 2 John Deere............................. www.johndeere.ca/smartertools ................................... 56 Kryton.................................... www.kryton.com ........................................................... 26 Liebherr................................. www.liebherr.ca ........................................................... 39 Max USA................................ www.maxusacorp.com ................................................. 23 PCL....................................... www.pcl.com ............................................................... 37 Quikrete................................ www.quikrete.com ....................................................... 25 Raken.................................... www.rakenapp.com ....................................................... 4 SoftwareOne.......................... www.softwareone.com/construction ............................ 30 Western Global...................... www.western-global.com ............................................. 51

Nominate a colleague or self-nominate – opening soon!

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2022-06-07 2:22 PM

RISK

By David Bowcott

The total cost of ownership mindset Is this the construction industry’s ESG holy grail?

s the world looks to find ways to inject more long-term thinking into our collective decision making, under the banner of Environmental, Social and Governance (ESG), one can’t help but wonder what this change in philosophy will have on the construction industry and the larger built environment. What will be the construction industry’s holy grail when it comes to contributing to this long-term, more responsible, philosophical movement? To answer that question, we should look very closely at how the design, construct and operate component parts of the built environment determine value (or perceive value). In its current state, the built environment stakeholders use a model that calculates value on the isolated cost of design, the isolated cost of construction, and the isolated cost of operations — and short-term operations at that. The cheaper those costs are, the more value we should be delivering for society, right? Not so fast! Let’s look at the component parts that make up the total cost of ownership for an asset in the built environment. Yes, these vary from asset to asset, but the figures in the chart below tend to be representative of the breakdown of costs. Given this breakdown, are current procurement models really delivering optimal total cost of ownership when each cost category of the asset’s life is judged on an individual basis? Could the construction industry and its primary stakeholders not devise a better way — a more responsible long-term driven

50 / JUNE 2022

way — of creating value, not only for themselves, but for society at large? Many believe the timing is right to completely re-design the procurement models being used to design, build and operate built environment assets. In the past, it was very difficult to measure total cost over the life of an asset, so asset stakeholders were left judging value on short term cost categories, primarily the design and construction costs. Given advancements in technology and data, through the emergence of the built environment digital twin, we are now entering an age where total built asset costs can be measured. Today, there is potential for procurement to shift from total cost of construction to total cost of ownership. Under a total cost of ownership procurement model, all the major built asset stakeholders (the owner, the designer, the contractor, and even major subcontractors) would collaborate around design and construction strategies that wouldn’t simply focus on lowering cost of construction. Rather, the focus would be on strategies that would lower the cost of ownership over the entire life of the asset. Could you design the building to use fewer staff in operations? Could you use more durable materials to reduce refurbishment costs during operations? Could you use methodologies, equipment and materials that lower the carbon footprint of the asset, thus minimizing future tax implications related to carbon? These, and many other long-term costs, can be considered under such a model. Through the constant monitoring of the asset’s performance,

risks and costs over its entire lifespan, and using digital twin technologies and data, all built-asset stakeholders will be able to measure the total cost of ownership impacts. Further, as more whole-life digital twin data is captured, one could begin to see a procurement model emerge that will allow stakeholders to see how increases in the design and construction costs could create savings that are multiples of those costs throughout the asset’s operational life. Imagine having the ability to prove, through technology and data, that a 20 per cent increase in the design and construction costs, or a 2.2 per cent increase in the total cost of ownership, could lead to a 20 per cent reduction in the operating costs of the built asset over the asset’s life. That’s a 17.8 per cent decrease in total cost of ownership. The impact would be game changing.

present valued operational costs — our 2.2 per cent increase in total cost of ownership that could lead to a 17.8 per cent decrease in total cost of ownership — we could see a net benefit to society over time of 15.8 per cent, or $351 trillion. With impact levels of that magnitude, there is little wonder why many in the industry are starting to consider the total

cost of ownership mindset the construction industry’s holy grail.

David Bowcott is Global Director – Growth, Innovation & Insight, Global Construction and Infrastructure Group at Aon Risk Solutions. Please send comments to editor@ on-sitemag.com.

QUANTIFYING THE POTENTIAL IMPACT To crystalize the potential impact such a change in procurement could have on society, one need only consider the size of the construction industry, and the overall built environment. The construction sector designs and builds approximately $13 trillion in built assets each year and the total value of built environment inventories are currently around $250 trillion, and given the growth in the global middle class, that inventory is slated to grow significantly over the next 30 years. Using the previously referenced breakdown of total cost of ownership, with one per cent going to design; 10 per cent construction; and 89 per cent on operations, the present value of the operational costs of the current built environment asset base is approximately $2 quadrillion, or eight times the design-build costs of $250 trillion. This gives us a grand total cost of ownership of all built environment assets in the range of $2.25 quadrillion. If we adopted a long-term focused procurement model that proposed a 20 per cent increase in design-build costs, but that could lead to a 20 per cent decrease in on-sitemag.com / 51 ONS_WesternGlobal_Jine22_CSA.indd 1

2022-05-30 1:05 PM

CONTRACTORS & THE LAW

By Trish Morrison and Marin Leci

Prompt payment: The state of play across Canada Legislation and regulation varies from province to province, but it is in place or in the works for much of the nation.

or almost a decade, provinces across Canada have been grappling with how to address the challenge of prompt payment in the construction industry. Prompt payment issues generally arise in two scenarios: either the timeliness of normal course payments to contractors, subcontractors and suppliers during a project; or the payment impasse that occurs when disputes arise. Prompt payment legislation in Canada has developed to address these issues by imposing payment deadlines and introducing adjudication processes to provide potentially shorter dispute resolution timelines. Since the introduction of prompt payment legislation in Ontario in 2019, several other provinces have tabled, enacted or are about to enact prompt payment and adjudication legislation.

ALBERTA In February 2022, Alberta announced that long-awaited changes to the Builders’ Lien Act will come into force on August 29, 2022. At that time, the name of the Builders’ Lien Act will change to the Prompt Payment and Construction Lien Act (PPCLA). The PPCLA will apply to all contracts and subcontracts entered into on or after August 29, 2022. Contracts entered into prior to that date will need to be amended to comply if they are scheduled to remain in effect past August 29, 2024. The act does not bind the province and will not apply to any public works or P3 projects. The PPCLA brings sweeping changes that will significantly impact construction projects in Alberta. In addition to creating an adjudication process to resolve disputes, PPCLA introduces a framework with tight payment and notice deadlines. The PPCLA’s prompt payment scheme will render a “proper invoice,” as defined by the PPCLA, as valid and payable unless a series of technical requirements for objecting to payment of an invoice are followed. For example, upon the receipt of a proper invoice from a contractor, an owner must pay the contractor within 28 days unless the owner has delivered a notice of dispute to the contractor no later than 14 days after receiving the proper invoice. In turn, a contractor must pay its subcontractors within seven days after receiving payment from the owner, unless it delivers the required notices to its subcontractors by the mandatory deadline. If a contractor fails to deliver the required notices to its subcontractors by the mandatory deadlines, a contractor will be required to pay its subcontractors in full, even if the contractor received no payment from the owner. In essence, the PPCLA’s prompt payment framework inserts a statutory “paid when paid” clause into every construction contract,

52 / JUNE 2022

albeit with significant differences. Under a traditional paid when paid clause, the timing for payment is triggered when an owner pays the contractor. However, under the PPCLA, the paid when paid mechanism is only activated if a contractor delivers the required notice of non-payment to its subcontractors within the mandatory timeframe. If the required notice is not delivered, the contractor is required to pay its subcontractors within the statutory timeframe, regardless of whether payment was received from the owner. Moreover, the act does not permit the use of contractual paid when paid clauses, or other payment terms, to extend payment deadlines. The adjudication provisions are set out in both the PPCLA and the regulations. When used, adjudication will provide an expedited dispute resolution process. However, adjudication may not always be used, as the PPCLA directs that parties may not refer a dispute to adjudication if an action in court has already been commenced. Members of the construction sector working in Alberta should begin taking steps to update contracts and administrative processes to comply with the new requirements when they come into force.

ONTARIO Ontario was the first province to introduce and implement prompt payment and adjudication legislation, which came into force in October 2019. Several provinces, including Alberta, have used Ontario’s Construction Act as a model for their respective legislation. Ontario’s prompt payment regime is similar to Alberta’s. Although it appears that the Ontario construction industry has adapted to these changes, the transitionary provisions in Ontario’s Construction Act may actually mean that some major projects in Ontario are still working under the old legislation. Generally, with some exceptions, the prompt payment requirements of the Construction Act apply to contracts entered into on or after October 1, 2019. With respect to adjudication, Ontario’s legislation makes adjudication mandatory. Ontario is also the only province to generate meaningful data on adjudication. In its 2021 annual report, the Ontario Dispute Adjudication for Construction Contracts, the body that oversees adjudication processes, indicated that approximately 50 adjudication claims worth a total of $8.7 million were commenced in 2021. Of those, 34 adjudication decisions were delivered, directing a total of $908,122.83 be paid. These figures suggest Ontario’s adjudication regime is still in its infancy but that it could grow in the coming years.

June 2022

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CONTRACTORS & THE LAW

SASKATCHEWAN On March 1, 2022, The Builders’ Lien (Prompt Payment) Amendment Act came into force in Saskatchewan. These changes are similar to Alberta and Ontario in that unless an owner disputes an invoice, it must pay it within 28 days. Contractors who do not file appropriate notices disputing payment are required to pay their subtrades within seven days of receipt of funds. Under Saskatchewan’s new act, adjudication is similar to the adjudication provisions in Ontario. Much like in that province, the Government of Saskatchewan announced that the Saskatchewan Construction Dispute Resolution Office is the official adjudication authority under the act. This is a marked departure from Alberta’s market-driven approach, which permits the possibility of multiple adjudication authorities that parties can select when referring a dispute to adjudication.

MANITOBA While Manitoba has tabled Bill 28: The Prompt Payment for Construction Act , it has not yet been passed. Bill 28 received its first reading on March 16, 2022. It could be a while before Manitoba actually implements this legislation. As currently drafted, the bill will bind the province and will require owners to pay contractors no later than 20 days after a proper invoice is approved or is deemed to be approved. However, given that Bill 28 is not yet law, there may be revisions to its language as Manitoba receives the benefit of learning from provinces that have, or are about to implement, prompt payment and adjudication legislation.

BRITISH COLUMBIA On January 24, 2022, in an attempt to generate more progress on the introduction of prompt payment legislation, British Columbia established an industry working group to accelerate progress on potential prompt payment legislation in B.C. However, the province has not yet tabled any new legislation.

QUEBEC Quebec continues to lay the foundation for a prompt payment and adjudication regime. Since implementing a pilot program in 2018, Quebec has gathered data on monthly invoicing, payment timing and disputes. As more provinces bring prompt payment and adjudication legislation into force, expect Quebec to take further steps to implement wider legislative reforms to construction legislation.

It appears that Nova Scotia has followed Alberta’s example and plans to publish regulations regarding prompt payment and adjudication rather than incorporating the specific requirements directly into the legislation.

NEW BRUNSWICK Beginning in July 2019, New Brunswick’s Legislative Services Branch of the Office of the Attorney General released a series of law reform notes that support the introduction of prompt payment and adjudication in two stages: the first stage being an update to the existing lien legislation, and the second being the introduction of prompt payment and adjudication regimes. As part of stage one, New Brunswick’s Construction Remedies Act came into effect on April 1, 2022. That act replaces and updates the Mechanic’s Lien Act. While the new act does not introduce prompt payment or adjudication legislation, its coming into force signals that stage two, the introduction of prompt payment and adjudication regimes, is under development by the province.

PRICE EDWARD ISLAND, NEWFOUNDLAND AND LABRADOR Prince Edward Island, and Newfoundland and Labrador do not appear to have plans to develop or table prompt payment and adjudication legislation at this time.

FEDERAL While not in force, the federal Prompt Payment for Construction Work Act, which creates a prompt payment regime for federal public construction projects, received royal assent on June 12, 2019. The prompt payment provisions are similar to those in Ontario, Saskatchewan and Alberta, however adjudication is limited to payment disputes.

IF NOT NOW, SOON It is no longer a question of “if” prompt payment will come to most of Canada, but rather merely a question of when. While the status of prompt payment and adjudication legislation throughout the country still varies, it is clear that most jurisdictions have determined that prompt payment regimes will be beneficial to the construction industry. The effectiveness of these systems will take some time to determine and may depend on the specific requirements of each act. Regardless, for companies operating in multiple jurisdictions, it is important keep apprised of prompt payment and adjudication requirements and developments in each province, as they are not all the same.

NOVA SCOTIA On April 12, 2019, Nova Scotia passed legislation that amended the Builders’ Lien Act and changed its title to the Builders’ Lien and Prompt Payment Act. The new act has yet to come into force, however. The act appears to be comparable to Ontario’s prompt payment legislation, but adjudication is not mandatory and only disputes regarding payments can be referred to adjudication.

54 / JUNE 2022

Trish Morrison, partner and national business leader, and Marin Leci, senior associate, are construction lawyers at Borden Ladner Gervais LLP. This article provides an overview and is not intended to be exhaustive of the subject matter contained therein. Although care has been taken to ensure accuracy, this article should not be relied upon as legal advice.

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333G

2D LASER CONTROL

It’s all about doing more with less. So we did, with the widest range of machines equipped with grade management tech to suit your job needs today, and tomorrow. From 2D Laser Control to fully-integrated SmartGrade,™ it allows any operator to grade with precision. Reducing passes, labor costs, and dreaded rework, to boost your bottom line.

JOHNDEERE.CA/SMARTERTOOLS

On-Site June 2022

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