ACEC British Columbia Newsbrief ACEC British Columbia Newsbrief January/February 2014 ACEC British Columbia,
ACEC British Columbia Newsbrief ACEC British Columbia Newsbrief January/February 2014 ACEC British Columbia,
ACEC British Columbia Newsbrief ACEC British Columbia Newsbrief January/February 2014 ACEC British Columbia,
ACEC British Columbia Newsbrief ACEC British Columbia Newsbrief January/February 2014 ACEC British Columbia,

ACEC British Columbia Newsbrief ACEC British Columbia Newsbrief January/February 2014 ACEC British Columbia,

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  • ACEC British Columbia

    Newsbrief January/February 2014

    ACEC British Columbia, Suite 1248 - 409 Granville Street, Vancouver BC V6C T2 t: (604) 687-2811 info@acec-bc.ca www.acec-bc.ca

    Message from the President Keith Sashaw

    The mission of ACEC British Columbia is to promote the business of British Columbia consulting engineering by enhancing our business and professional stature and to provide value to our clients while maintain- ing a commitment to public service and pri- vate enterprise. To achieve this, ACEC-BC has numerous committees and task forces charged with monitoring and working with a myriad of contacts engaged in engineer- ing and construction. It is through these committees, task forces and, of course, the Board of Directors that ACEC-BC gets en- gaged in many issues aff ecting the industry.

    A growing issue of concern is the worsen- ing state of contracts that our members are being asked to sign. Increasingly, owners are attempting to unduly transfer risk or

    impose onerous conditions on engineer- ing fi rms. In the last month, ACEC-BC has responded to two specifi c instances, one involving a health authority and the other a municipality.

    In the instance of the health authority, the limits of liability for the consultant had been completely removed from the contract documents through modifi cations to the AIBC Document 8C. The expectation was that the consultant was expected to take on unlimited liability. The member declined the work due to the extreme risk this modi- fi cation presented to the company. ACEC- BC is of the opinion that this contractual change is unreasonable, as consultants cannot be expected to take on unlimited liability for projects.

    This issue was run by a lawyer on an infor- mal basis, and he noted “that the indemnity is likely to result in either a loss of insurance coverage or at least create areas where there is no coverage. This of course cre- ates a problem for the consultant, but also for the client. The deletion of the limita- tion of liability and substitution of the new clause leaves the consultant without any limit on liability. The provision does not even limit liability to the amount of insur- ance available.” One inherent outcome of these kinds of clauses is that the client may be faced with consultants either choosing not to work for them or in having signifi - cant “risk premiums” added to the contract price.

    ACEC-BC believes that good agreements include the following important character- istics:

     Contractual arrangements and terms are fair and balanced.

     Fairly and appropriately shares and dis- tributes risk and reward.

     Recognizes the purpose of insurance, and does not include clauses that are uninsurable.

     Does not hold the consultant respon- sible for events and actions outside their control.

     Requires an appropriate level of profes- sional liability insurance for the work being undertaken, and limits liability to the insurance available.

     Includes a mechanism for project changes and allows for a fair and bal- anced dispute resolution.

     Fairly recognizes and compensates for intellectual property.

     Uses industry recognized language that can be understood by both the parties, and not just their lawyers.

    ACEC-BC cautions members to review contracts very carefully, as the conse- quences of accepting an onerous clause could be catastrophic. Often, owners will respond to challenges with the comment that “everyone else is doing it”. Like

    continued ...

  • ACEC British Columbia Newsbrief January/February 2014

    – 2 –

    Deputy Minister’s Consulting Engineers Awards The BC Ministry of Transportation and Infrastructure (BCMOTI) presented the Deputy Minister’s Consulting Engineers Awards at a gala dinner on January 28 at the Hyatt Hotel, Vancouver. The awards dinner was part of Facing the Future, a transportation conference hosted jointly by ACEC-BC, BCMOTI and TransLink.

    Awards were presented in 5 categories – here are the fi nalists and winners:

    Design & Contract Preparation - Roads

    Winner: H5M (Joint Venture of Hatch Mott MacDonald and MMM Group)

    Cape Horn Interchange

    Finalist: Urban Systems Ltd.

    Highway 2, Dawson Creek, 8th Street to Rolla Road

    Finalist: R.F. Binnie & Associates

    Highway 99 at 16 Ave. Interchange

    Design & Contract Preparation - Structures

    Winner: Buckland & Taylor Ltd.

    South Fraser Perimeter Road – BNSF Viaduct Construction

    Finalist: Sargent & Associates Engineering

    Texaco Bridge No. 7154 Replacement

    Finalist: Associated Engineering

    Cypress Creek Bridge No. 2498 Rehabilitation and Seismic Retrofi t

    Swing into Spring at the 25th Annual Awards for Engineering Excellence Gala, Saturday April 12, 2014 at the Vancouver Convention Centre. The Awards celebrate the technical excellence, creativity and innovation in the BC consulting engineering industry. This is your opportunity to participate in one of the most exciting events in the industry’s calendar.

    Registration for the gala is now open. If you have any questions about the Awards program, please contact the ACEC-British Columbia secretariat at...

    info@acec-bc.ca (604) 687-2811

    or visit www.acec-bc.ca/awards.aspx

    February 19 TransLink Mixer Vancouver Hilton Metrotown, Burnaby

    February 25 How to Win Work, Secure Higher Fees, and be a Valuable Resource

    Coast Capri Hotel, Kelowna

    February 25 Vancouver YPG Curling Social

    Vancouver Curling Club

    March 4 YPG Breakfast Seminar Communication in Multidisciplinary and Multicultural Environments

    Four Seasons Hotel, Vancouver

    March 6 BC Hydro Mixer

    Vancouver Hilton Metrotown, Burnaby

    March 12 YPG Kamloops Breakfast Seminar Contract Language for Agreements Between Clients and Consultants Hotel 540, Kamloops

    March 25 Succession Planning for Engineering Companies Metropolitan Hotel, Vancouver

    April 12 ACEC-BC Awards Gala Vancouver Convention Centre West

    Upcoming Events President’s Message from p. 1...

    our mothers used to say, “if all the other kids jumped off a cliff , would you?” In this instance, agreeing to some clauses is the equivalent of jumping off a corporate cliff , with dire results for all.

    Keith Sashaw President & CEO, ACEC British Columbia

    Construction Management and Supervision Services

    Winner: McElhanney Consulting Services

    Highway 5 – Clearwater Valley Road Intersection Improvements

    Finalist: Binnie Construction Services Ltd.

    Bessborough Road 212

    Finalist: CMS Focus Construction Management Services (A Division of Focus Corporation)

    Highway 3 Sparwood Westbound Passing Lane

    Transit Engineering Services

    Winner: PBX Engineering Ltd.

    Fiber Optic Integration Project

    Specialized Engineering Services

    Winner: WorleyParsons Canada Ltd.

    Seabus Facilities Rehabilitation

    Congratulations to all of the fi nalists and winners! For more information, see...

    http://www.th.gov.bc.ca/ celebratingexcellence/engineers.htm

    BCWWA 42nd Annual Conference Featuring one of the largest trade shows of its kind in Western Canada as well as tech- nical and operator sessions and seminars, and countless networking opportunities, this event is BC’s destination to share skills, knowledge, education and experience with the water and waste community.

    The conference takes place at the Whistler Conference Centre and Fairmont Chateau Whistler, May 3-6. For details, see:

    https://www.bcwwa.org/ events/annual-conference.html

    http://www.th.gov.bc.ca/celebratingexcellence/engineers.htm https://www.bcwwa.org/events/annual-conference.html https://www.acec-bc.ca/events/event-calendar/event-details.aspx?EventID=87 https://www.acec-bc.ca/events/event-calendar/event-details.aspx?EventID=88 https://www.acec-bc.ca/events/event-calendar/event-details.aspx?EventID=93 https://www.acec-bc.ca/events/event-calendar/event-details.aspx?EventID=91 https://www.acec-bc.ca/events/event-calendar/event-details.aspx?EventID=90 https://www.acec-bc.ca/events/event-calendar/event-details.aspx?EventID=94 https://www.acec-bc.ca/events/event-calendar/event-details.aspx?EventID=81 http://www.acec-bc.ca/awards.aspx

  • ACEC British Columbia Newsbrief January/February 2014

    – 3 –

    Canadian Consulting Engineering Awards Call for Project Entries

    Submit your project for national recognition! The deadline for your Notice of Intention to Enter is Tuesday, March 25, 2014.

    The Canadian Consulting Engineering Awards represent the highest honours for excellence in consulting engineering in Canada. Now in their 46th year, the awards are a joint program of the Association of Consulting Engineering Companies (ACEC) and Canadian Consulting Engineer magazine. Winning projects are selected based on high quality engineering, imagination and innovation.

    National Recognition for Your Firm

    The Canadian Consulting Engineering Awards provide a platform for ACEC member fi rms to showcase their talent and expertise. The list of winners is publicized nationwide and project details are published in a special issue of Canadian Consulting Engineer magazine. In addition, ACEC and CCE will jointly issue a press release to media in your local area.

    Ca