RBC Winter2013 - 14

University provideseconomics lesson inaward-winning LEEDconstructionBy Dermot MackPhotos: Sharp and Diamond LandscapeArchitecture

A multitude of green roofs and acommitment to energy savingshelped the University of Vancouver

Island, Cowichan campus, captureboth an international environmentalaward and local commercialbuilding honours.Built in Duncan, BC, the building

features six types of living roofsystems on three levels, accordingto Sharp and Diamond LandscapeArchitecture of West Vancouver.A lightweight green roof covers

88 percent of the campus, and over

30 percent is intensive green roofs,composed primarily of whitepumice, growing matter and sand.Level 3 is fully accessible andprovides quiet spaces to gather and

areas for hands-on learningthrough small-scale vegetableproduction.Plants were chosen from the

PUBLICATIONS MAIL AGREEMENT NO. 40014608

RETURN UNDELIVERABLE CANADIAN ADDRESSES TO:

Roofing Contractors Association of BC9734 201 StreetLangley, BC Canada V1M 3E8

THE VOICE OF PROFESSIONAL ROOFING CONTRACTORS Vol. 10, No. 4 • WINTER 2013-14

WINTER 2013-2014I N T H I S I S S U E :

Green Roof continued page 4

FEATURESUniversity gets award-winninggreen roof .......................................1Cardinal rules of estimating......... 8LTTR changes for polyiso........... 10VanDusen roof wins again .........11Wind uplift tested on pavers ..... 12Casino sports green roof............ 13Handling SBS in cold weather... 14Protecting accessible roofs......... 16

ASSOCIATIONPresident’s message ..................... 3New RCABC staffer listening to members ................... 5RCABC holds AGM ....................... 6

INDUSTRY NEWSSustainable roofing standard being developed .......................... 7Housing starts down .................... 9Roofing Expo: new director ....... 14Burnaby starts new towers ...... 14Firestone announces new GM... 14Delta gets area’s largest roof .... 15Commercial real estate forecast stronger in 2014 ......... 15Victoria sees building boom...... 17Roof study: green vs white ....... 17Public projects net bulk of VRCA awards.............................. 18

COLUMNLegal Affairs: ‘if paid’, ‘when paid’clauses under scrutiny .............. 18

Roofing in the cold Tips on handling SBS. See page 14

Insulation re-figured LTTR calculations for polyiso changeas of January 1. See page 10

Wind uplift testsConcrete pavers studied at NRC. See page 12

$600,000 green roof

RCABC member Universal Sheet Metal Ltd. of Saanichton, BC installedthe green roof on the award-winning University of Vancouver Island.

The roof was planted with over 44,000 native coastal meadow sedums,grasses and wildflowers.

ROOFING BC WINTER 2013-14 3

From the President

The holy trinityof roofingDecember 12 – seems like a fittingday to sit down and write my firstmessage as the newly electedpresident of the RCABC. Due to theblizzard in the BC Interior today Ielected to work on this message inthe cozy confines of my home.Like many contractors in our

proud association we have oursupervisory staff and crews workingfeverishly to bring jobs tocompletion prior to the Christmasholidays. This leads me into thecontext of my message. At this timeof year we share in the joyousapproach of the holidays and theusual frustrations of jobsites (poorweather, missing completiondeadlines and a general lack ofVitamin D within our biologicalmatter). I would like to focus onwhat I call the holy trinity ofroofing. This three sidedgeometrical design has become thefocus for all RCABC contractors. The congruent sides start as

equal parts of safety, quality, andproduction. I believe this is the mainobjective of all of our membercontractors. The focus on safetystarts with each and every memberand the pursuit of better safetyhabits. Our members are industryleaders in safety training and are allproud holders of the BCConstruction Alliance Certificate ofRecognition (COR). The RCABC is

the industry leader in training forthese safety programs, whichprovide more than individual safetytraining. They generate awarenessof safety for co-workers, the publicand the property that is involvedwithin the project. RCABCcontractors work with all levels ofregulatory bodies to ensure safework practices. Beyond roofingmany of our contractors employ orcontract out crane operators, truckdrivers, first aid personnel, trafficcontrol and hazardous wastespecialists.The next side of the triangle is

the quality side. This is the side thatseparates RCABC members fromother contractors. It is the un-compromising desire to provide thebest finished roofing project for ourcustomers. Building owners whochoose to have theirroof installed by anRCABC contractor andhave the installingcontractor supply aRoofStar guaranteeare doing their bestdue diligence for theirinvestment. They havethe added assurancethat comes with hiringa qualified contractor,with skilledtradespeople who aretrained in the technical applicationof accepted manufacturer’sproducts. RCABC-accepted thirdparty independent consulting andinspection firms provide qualitycontrol and ensure that the roof isinstalled to the required standards.

The inspectors also help RCABCmember contractors by makingrecommendations that provide asafer and more practical completionof the projects. Member contractors’employees are receptive to aninspector’s simple suggestions as toa safer work environment. Many ofthe inspectors were once

journeyman roofersthemselves and theirknowledge isinvaluable.Prayers for our

employees’ safety andfaith in our quality ofworkmanship lead meinto the final side ofthe triangle –production. Just thismorning our crewswent to job sitesthroughout BC. It

seems like on an hourly basis wecheck every type of weather-reporting means available. Yes,today was the dreaded 40%precipitation forecast. What to do,what to do? Let’s go for it! Theowners and general contractors just

want roofs on. The standard line weget in our industry is “well, it is notraining now!” By 9:00 a.m. theceiling in the sky became decidedlycloser to the earth and thesnowflakes came fast and furious.By the time the noon weatherreport hit the radio it sounded like aski report; “10cm base and 5cmfresh with another 5cm in theforecast”. Like all RCABC membersthe quality does not getcompromised. The crews stop thework they have in progress andtake all measures to protect thebuilding and the roof installation.This would discourage most peoplefrom carrying out their duties on adaily basis, however RCABCcontractors are a resilient breed.They will assure their customersthat God willing, they will havetheir crews back on site ASAP tocomplete the project in a timelyfashion. By selecting an RCABC member

an owner is choosing a roofingcontractor that is diligent andaccountable. Members haveresources that ensure completion of

the most challenging projects.Human, financial and equipmentresources play a huge role in alljobs big and small. I am alwaysamazed as I travel throughout BCand see buildings that have themost challenging roofs installed onthem. Most of the roofs have beeninstalled by RCABC contractors, andhave RoofStar guarantees. Thesebuildings are true landmarks withinour province and were constructedwithin demanding schedules. I feel very privileged to be the

president of such a longstandingand respected association. Our firm,Western Roofing, based out ofKamloops, is one of the originalfounding members of RCABC datingback to 1962. Whether you are alongstanding member or one of ournewer contractors you are part of alikeminded group of leaders in theroofing industry when it comes tosafety, quality and production.During this year I would love to

field comments and questions fromanyone reading Roofing BCmagazine. If I do not have theanswer I will do my best to pointyou in the proper direction. With thelaunch of our own RCABC andRoofStar marketing initiatives wehave staff in place at our Langleyoffice to fulfill all of your roofrelated requests.Please feel free to contact me via

email at [email protected] oron Twitter; @rasmussencolin.Happy new year!Colin Rasmussen,President, Roofing Contractors

Association of British Columbia ■

Colin Rasmussen

4 WINTER 2013-14 ROOFING BC4 WINTER 2013-14 ROOFING BC

local nursery to reflect thesurrounding landscape; and the roofwas planted with over 44,000native coastal meadow sedums,grasses and wildflowers.In all, the green roof covers

50,000 square feet and cost $12per square foot, for a total of$600,000. The membrane beneath the

green roof is from Soprema Canadaand described as a “protectedmembrane roof/inverted roofmembrane assembly.”The irrigation is a Rainbird

system with a weather-basedcontroller that collects rainwater incisterns and pumps it up to the roof.A “blue roof” provides additional

stormwater retention and treatmenton the green roof. It is similar to arain garden, and offers additionalwildlife habitat and plant diversity.Universal Sheet Metal Ltd. of

Saanichton, BC was the roofing

contractor and the project carries afive-year RCABC RoofStar warranty.The project has been awarded

LEED Gold certification throughsustainable site, water efficiency,natural ventilation and daylighting,and high performance buildinginitiatives.The campus received a 2013

Green Roof and Wall Award ofExcellence for the University ofVancouver Island. This is one of theawards given by Green Roofs forHealthy Cities, which recognizesinnovative living architecture inNorth America.The project also captured a

Commercial Building Award fromthe Vancouver Island Real EstateBoard; and the Roy WillwerthPrecast Concrete ArchitecturalRecognition Award from theCanadian Precast/PrestressedConcrete Institute was presented toVictoria-based Garyali Architect Inc.for their design of the campus. ■

Green Roof cont’d from page 1

The LEED standard campus is built primarily from localmaterials and even the paving stones are peremeable, allowingwater to drain into cisterns, as does the water from the roofs.

A Soprema waterproof membrane was installed beneath the extensive green roofs.

The green roof covers 50,000 square feet and is irrigated through cisternsthat collect rainwater. One level of the roof is fully accessible.

Project: University of Vancouver Island, Cowichan campusLocation: Duncan, BCRoofing Contractor: Universal Sheet Metal Ltd.Landscape Architect: Sharp and Diamond Landscape ArchitectureArchitect: Garyali Architect Inc.Consulting Architect: Arlington Group Planning + ArchitectsRoofing membrane supplier: Soprema CanadaConstruction manager: Yellowhead Construction Ltd.Consultant: Lewkowich Geotechnical Engineering Ltd.


Roofing BC is published quarterly onbehalf of the Roofing ContractorsAssociation of BC and the professionalroofing industry by Market AssistCommunications Inc.

Roofing BC is online at: www.rcabc.orgManaging Editor and PublisherJ. Michael SiddallPhone: 604-740-8369E-mail: [email protected]

EditorFrank O’BrienE-mail: [email protected]

Production/Art Director and Advertising AssociatePaddy TennantPhone: 604-507-2162E-mail: [email protected]

Contributing WritersColin Rasmussen, Jacquie Clancy,Chris Hirst, Tara LandesCirculationRCABC receptionPhone: 604-882-9734E-mail: [email protected]

While information contained in thispublication has been compiled fromsources deemed to be reliable, neitherthe publisher nor the RCABC will be heldliable for errors or omissions. The opinions expressed in the editorialand advertisements are not necessarilythose of the publisher or RCABC.

Executive Vice PresidentIvan van Spronsen, [email protected]

Administrative Services ManagerBarbara Porth, [email protected]

Technical ManagerRob Harris, [email protected]

Safety & Risk Management SupervisorRoger Sové, I.P., PID, [email protected]

Waterproofing solutions since 1908

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Director of businessdevelopment hears from membersJudy Slutsky, director of businessdevelopment for the RCABC, knewwhat her first step would be whenshe started working with theassociation in the fall: listening.Since October 2013 Slutsky has

been communicating withstakeholders throughout theprovince to get a pulse of theindustry and gain insight into howto best represent RCABC and its

programs. “I believe in meeting faceto face with people in order tofurther our relationships,” she said.“I want to hear from all our

members and other industrystakeholders,” said Slutsky, who hasmore than 25 years of experienceas a senior strategist and advisor toBC businesses. “We have a greatstory to tell to a new generation ofarchitects, specifiers and buyers,”she said.As an ambassador for the RCABC

brand and its programs, Slutskystrongly believes in finding the ‘win-

win-win’ scenario for allstakeholders by heighteningawareness of the RCABC RoofStarguarantee program, technicalservices, education and training.Slutsky believes in working

collaboratively with members andthe inspection community to tellnew generations of specifiers,architects and buyers about theRCABC and the value of theRoofStar guarantee for theirprojects.Branding is among Slutsky’s

specialities – she holds two

university degrees, severalprofessional designations and hasworked for large public and privateemployers – and she believes theRCABC brand is one to be proud of.“The association and RoofStar areboth well respected,” she said.Slutsky will continue meetings

and consultations as she helps toshape the ongoing marketingstrategy for RCABC. If any membersees an opportunity for Slutsky toshowcase RCABC and the RoofStarguarantee program, Slutsky is eagerto hear it. “I am here to listen”. ■

Judy Slutsky is the new director of businessdevelopment for RCABC. Photo: RCABC

New RCABC staff member “ready to listen”

6 WINTER 2013-14 ROOFING BC

Outgoing past-president Laurence Matzek presenting 50 year membership award toDale Brocke of DM Henderson Roofing

Outgoing past-president Laurence Matzek presenting 50 year membership award toHoward Schlamb of Chilliwack Roofing

Ivan van Spronsen presenting Michael Stewart with the Douglas McLean MemorialAward for exceptional contribution to the industry by an Associate Member

Ivan van Spronsen presenting the Stan Gregorowich Award to newly elected president Colin Rasmussen Ivan van Spronsen presenting the top roofing apprentice award to Justin Vandale, who works with Flynn Canada in Kelowna

RCABCholds AGMRasmussen electedpresidentThe Roofing Contractors Associationof BC held its Annual GeneralMeeting on November 30 at theRiver Rock Casino Resort inRichmond.Colin Rasmussen, owner of

Western Roofing (Master Roofers)Ltd., Kamloops, was electedpresident of the RCABC, replacingBruce Taylor of Alpha-DuronRoofing Ltd., Burnaby.

The RCABC annual generalmeeting also saw Alex Goldie ofAdmiral Roofing Ltd., Prince George,elected vice-president and JohnSilva of Flynn Canada Ltd., Surrey,installed as the Secretary-Treasurer.Directors that were also re-

elected at the AGM include: HowardSchlamb, Chilliwack Roofing Ltd.,Chilliwack; Tony Caputo, Eby & SonsConstruction Ltd., Prince Rupert;Tom Greenough, Tomtar Roofing &Sheet Metal Ltd., Kelowna; LyleNelson, Nelson Roofing & SheetMetal Ltd., Cumberland; JamieMantle, Soprema Inc., Delta; andEnzo Saponaro, Firestone BuildingProducts, Langley. Kevin Moss,Marine Roofing (1996) Ltd.,

Burnaby, was newly elected to theBoard.Other incumbent directors

include: Laurence Matzek, BollmanRoofing & Sheet Metal Ltd., Surrey;Jim Nicholson, Metro Roofing &Sheet Metal Ltd., Langley; NeilRook, Raven Roofing Ltd., Surrey;Murray Tysowski, Aurora RoofingLtd., Coombs; Andy Mrak, Pro-LineConstruction Materials Ltd., Surrey;and Michael Stewart, RoofmartPacific Ltd., Surrey.AwardsHighlights of the event also

included the naming of awardwinners and the presentation ofthree plaques for 50 years ofRCABC membership. These went to

Chilliwack Roofing Ltd. ofChilliwack, D.M. Henderson Ltd. ofDawson Creek and Penticton-basedNielsen Roofing & Sheet Metal Ltd.The top roofing apprentice

award for 2013 went to JustinVandale, who works with FlynnCanada in Kelowna. The ASM(Architectural Sheet Metal)apprentice award was won byBrodie Harrower of Rite-Way MetalsLtd. in Courtenay.Grant McMillan, former president

of the Council of ConstructionAssociations was awarded theKenneth J. Grant Award for‘outstanding contributions to theroofing industry’.RCABC Executive Vice President

Ivan van Spronsen also presentedincoming president ColinRasmussen with the StanGregorowich Award in recognitionof his long-time commitment toeducation in the industry. Francis Gallichan of Alpha

Roofing & Sheet Metal Inc.,Kamloops, was awarded theDouglas Grant Kilpatrick MemorialAward for Sportsmanship.Former RCABC Executive Vice

President Brian Hofler was namedto the Honorary Council of theRCABC; and Michael Stewart ofRoofmart Pacific Ltd. received theDouglas McLean Memorial Awardfor exceptional contribution to theindustry by an Associate Member. ■


ASTM International is currentlydeveloping several standards forsustainable roofing systems.ASTM Committee D08 on

Roofing and Waterproofing’ssubcommittee D08.24 onSustainability, is working onnumerous standards, including

ASTM WK26599, Guide for Designof Sustainable, Low-slope RoofingSystems, which will address theprocess designers use to determinethe demands and factors a roofingsystem must be able to withstand.These factors include weather, foottraffic, building pressurization, and

interior humidification.“This standard will help

designers and specifiers design adurable, long-lasting roof capableof protecting the building structureand contents,” consulting engineerand ASTM D08.24 task group chairEric K. Olson, PE, explained toConstruction Canada Online. “The standard places emphasis

on analyzing all the adverseconditions the roof will need toendure to help select a durablesystem. Roofs are unique buildingsystems in that failure places thebuilding and its contents at risk ofdamage,” said Olson.The standard will address the

gap between roofs being designed

to be durable without incorporatingsustainable properties. In otherwords, it provides the guidelinesfor a durable and sustainableroofing system.“Replacing a failed roof and

damaged building contents andstructure creates an environmentalburden,” said Olson. “Currentsustainability trends such as use ofroofs for open/paved space,vegetation, photovoltaics, andrainwater retention, make life evenharder for the roof and furtherincrease risk of roof failure if the

roof is not properly designed.”Additional standards in

development include:• ASTM WK26595, Guide for RoofSystem Durability;

• ASTM WK26596, Practice for(Product Category Rule) forPreparing EnvironmentalProduct Declarations of Low-slope Roofing Membranes; and

• ASTM WK29304, Guide forSelection of Roofing/Waterproofing MembraneSystems for Vegetative (Green)Roof Systems. ■

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New sustainable roofingstandard in the worksASTM WK26599, Guide for Design of Sustainable, Low-slope RoofingSystems, is one of the various sustainable roofing guidelinesstandards in the development stages. Vegetated roofing assembliesare one example of a sustainable system addressed in the standards.

By Jacquie Clancy

Jacquie Clancy is the assistant editor of Construction Canada, the official magazineof CSC-DCC (www.constructioncanada.net). Reprinted with permission.


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Don’t getthe winner’scurseNever break the threecardinal rules ofestimatingBy Tara Landes

Minimizing costs is everycontractor’s goal during thetendering process. Too often,contractors focus solely on price,adopting strategies and pricing thatcan kill the rewards of winning thecontract. These tactics can threatenthe company’s overall financialhealth. Break these three cardinalrules for minimizing costs, and yourisk losing any profit you mighthave earned for the job.Rule 1: Never adjust theestimate to compete on priceLet’s define a couple of terms:A “bid” or “price” is the dollar

value the customer is willing to payto buy your service. It’s largelydetermined by what the market willbear.The “estimate” is an internal

calculation composed of three parts:the dollar value of materials +labour + overhead.The estimate, therefore, should

be as accurate as possible andcannot be adjusted for marketconditions – your costs don’tchange. You can make a strategicdecision to decrease the profit on ajob, but you can’t decrease the

estimate. Price – estimate = profit.If you’ve ever heard these

comments, you’re probably breakingthe first rule of estimating:• To the estimator: “We really needto sharpen our pencil on thisone.”

• To the project manager: “Put in afudge factor just in case it’s off.”

• To the sales rep: “We need tochange the estimate for strategicreasons.”

Rule 2: Never makeassumptions whencommunicating with the fieldThe estimator carefully considers

how the job will be constructed,including the materials, the labour,maybe even the specific staffinvolved. They use formulas andestimating templates and also usetheir years of experience to makethe best judgments of how best tocomplete the job.The thing about experience,

however, is that no two people haveexperienced life exactly the same

way. It is unlikely(impossible?) thatone person’s gutfeel about how torun the job will bethe same as another person’s. If theestimator is not explicit about theirreasoning, it is unlikely that theproject manager will meet theirexpectations. Best practices forcommunicating with the fieldinclude holding kick-off meetings,developing project plans, andestablishing feedback loops whilethe job is in progress.Rule 3: Never skip the final jobcostingOnce the job is complete, the

final job costing should be detailedenough to determine how accuratethe estimate was. It is statisticallyimpossible for estimating to betotally accurate all of the time. Anestimate is simply a best guess ofwhat will happen in the future, andunless you have a time machine, it’spretty hard to predict perfectly. The

final job costinghelps determinethe degree ofaccuracy of yourestimates and

identify patterns that allow you totighten the process for next time.There are three types of errors:

1. Quantity errors: These typicallyinclude inaccurate estimates ofthe number of hours or amountof material required for a givenjob.

2. Rate errors: Most often, thesestem from inaccurateunderstanding of a company’scost structure. If a company doesnot have an annual budgetingprocess, rate errors are almostguaranteed to be a significantproblem in the estimatingprocess.

3. Errors of omission: These mostcommonly happen when wellintentioned, loosely supervisedstaff perform work outside ofscope without proper

documentation, and do notcharge the client.

Have you got the winner’scurse?Contracting can be a bitterly

competitive line of work. In leantimes, it feels like your competitorsare “giving it away” in order to keeptheir guys on the tools. Inprosperous times, it feels like it’swho you know, more than what youknow, that wins the best jobs.In reality, successful companies

rarely “buy work” with pricingdiscounts. Instead, they have theprocesses and systems in place toensure they never break the threecardinal rules of estimating. That’sthe winner’s curse; whoever makesthe biggest estimating mistake winsthe job. ■

Tara Landes is the President of BellrockBenchmarking Inc., a Vancouver firm with animpressive track record of helping contractorsmake more money and feel less stress. She’d liketo tell you how. Contact [email protected] toreceive their “Top 12 Bidding and EstimatingImprovement Areas.” www.bellrock.ca

Tara Landes

“Successful companiesrarely ‘buy work’ with

pricing discounts”


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Housing starts trackdown from 2012Victoria – BC housing starts slowed in October following a Septemberbump in activity, reports Statistics Canada. Starts in BC’s urban marketspulled back to a seasonally adjusted pace of 23,900 units, marking a 19percent drop from September as fewer multi-family projects got underway.October’s drop suggests a softening in construction activity – a trend

also evident in September building permits.Following an August uptick, residential permit volume retreated in

September. Total volume fell to a seasonally adjusted $513.1 million duringthe month, down 14 percent from August on lower volume in both thesingle and multi-family sector. Through three quarters, residential buildingintentions were about 3 percent lower than in the same period in 2012. Adecline in permits to the weaker levels of late 2012 points to a slowdownin new home and renovation construction in the fourth quarter.A slowdown would be consistent with an expected moderation in the

resale market and elevated levels of new home inventory in markets acrossthe province. Full-year starts are forecast to end 2013 at 25,800 units,down 6 percent from 2012 before advancing 4 percent in 2014. ■

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As of January 1, 2014, changes toR-values for polyisocyanurateinsulation go into effect inaccordance with the newly updatedASTM C1289-11 standard forinsulation testing. The new industry-wide standard

used in determining long-termthermal performance for polyisoroofing products brings new testingmethods for the determination andcalculation of Long Term ThermalResistance (LTTR) values.“The products’ physical

properties won’t change. Only theway LTTR values are calculated willbe adjusted,” explained MikeDuchame of Carlisle SynTec, aleading supplier of polyisoinsulation.In the new year, the LTTR values

will change according to ASTMC1289-11. As projects are bid forinstallation in 2014, roofingcontractors should verify thespecified LTTR values and ensurethat quotes reflect the appropriatethickness for the new LTTR values.

This change is being made inorder to provide a comprehensiveapproach resulting in increasedreliability and consistency in theprediction of long-term thermalperformance of North America’smost popular rigid roof insulation,according to a Firestone bulletin.ASTM C1289-13e1 now

incorporates two test methods,ASTM C1303-11 and CAN/ULC-S770-09, which offer a similarapproach to predicting the longterm thermal performance for foaminsulation materials that exhibit airand blowing agent diffusion oraging over time.Both test methods employ a

technique called “slicing andscaling” to accelerate this agingprocess and provide an accurate andconsistent prediction of product R-value after five years, which isequivalent to a time-weightedthermal design R-value for 15 years.Based on extensive research overthe past five years, including bias

and ruggedness testing, mostthermal insulation researchers nowagree that the results of both ASTMC1303 and CAN/ULC–S770 providesimilar and consistent resultspredictive of actual ageperformance.As roofing projects are bid for

installation in 2014, the specifiedLTTR values must reflect theappropriate thickness for the newLTTR values (see chart on right). ■

Chart courtesy of Carlisle SynTec

Thickness Old 2010 R Value New 2014 R Value(ASTM C-1289-08) (ASTM C1289-11)LTTR Value R/inch LTTR Value R/inch

1.5” 9.0 6.0 8.5 5.72.0” 12.1 6.0 11.4 5.72.5” 15.3 6.1 14.4 5.82.6” 15.9 6.1 15.0 5.83.0” 18.5 6.2 17.4 5.84.0” 25.0 6.2 23.6 5.9

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VanDusenroof takesseventhawardVancouver – The metal roof onVancouver’s VanDusen BotanicalGarden visitor centre has won MetalConstruction Association’s 2013award for Metal Roofing.The award recognized the metal

roofing material supplied by 3AComposites USA of Statesville, NC.The project employed Alucobondnatural Aluminum CompositeMaterial panels — a panelconsisting of two 0.020” aluminumcover sheets thermobonded to a4mm-thick polyethylene core.The roof covers more than

11,000 square feet and includes fivepetals that radiate from a centralskylight. The roof pitch ranges fromtwo to 55 degrees, undulatessignificantly, slopes down to form awall and ends at the ground.Metro Roofing & Sheet Metal Ltd.

of Langley worked with HoustonLandscaping on the “living roof”that was designed by CorneliaOberlander with Sharp andDiamond Landscape Architects.The green roof areas are covered

by a five year RoofStar guarantee.Metro installed the Soprema 2 plySBS materials for the green roofs,and the metal flashings. Keith PanelSystems Co. Ltd. of North Vancouver

installed the curved architecturalmetal panels used on portions ofthe roof.The VanDusen project has won

numerous awards, including:Awards for EnvironmentalExcellence, Excellence in UrbanSustainability Finalist, at 2013

GLOBE; Wood Innovation Award,2013; 2013 Wood WORKS! BCWood Design Awards; EngineeringAward Winner, 2012 World

Architecture News; and theLieutenant-Governor of BritishColumbia Merit Award, 2012 fromthe Architectural Institute of BC. ■

Remarkable roof has taken local and international awards.Photo: VanDusen Botanical Gardens

ADVERTISE IN ROOFING BC!604-507-2162 • [email protected]

Photos: National Research Council ofCanada / SIGDERS

The National Research Council ofCanada (NRC), in collaboration with Special Interest Group forDynamic Evaluation of RoofingSystems (SIGDERS), has beeninvestigating low slope roofassemblies for wind upliftperformance. In recent years,commercial roofs are being used(abused) as a platform with severaladd-ons. These add-ons can includepavers and solar panels, forexample.In this report, the focus is on the

most popular roof add-on: concretepavers. (In our Roofing BC summerissue we discussed the NRC studylooking at wind resistance of solarpanel setups.) The complete study,released in 2013 at the 28th annualRCI convention and trade show,was authored by NRC’s Dr. B.A.(Bas) Baskaran, Dr. SudhakarMolleti and engineer Steven KeePing Ko.

Concrete ideasApplying the Canadian

Standards Association (CSAA123.21-10) dynamic test protocol,the study looked at concrete paversas add-ons over a modifiedbitumen membrane.“Wind uplift forces acting on a

roof system can cause severe roofdamage. Irrespective of the roofingsystem, the wind dynamicsintroduce stresses within theroofing system causing fatigue,which may result in catastrophicfailure over time. Depending on themagnitude and frequency of thewind events, this could lead tocostly insurance losses,” Dr.Baskaran writes. “For this reason, wind uplift

testing of roofing systems hasbecome a critical designconsideration for insuranceapproval agencies, architects,engineers, roofing contractors andmanufacturers.”Two separate systems were used

to wind test concrete pavers on aroof.• System 1 consisted of a steeldeck, plywood, support board,modified bitumen membrane(cap and base sheets), Fabrenefabric, two layers of polystyreneinsulation and concrete paverswith plastic H-clips (see photos).

• System 2 consisted of poured-inconcrete composite deck,modified bitumen membrane(cap and base sheets), Fabrenefabric, two layers of polystyreneinsulation and concrete paverswith H-clips.

Failed at 125 psfThe first system failed at a wind

suction pressure of 125 psf (poundsper square foot) [6.0 kPa(kilopascals)]. During the failureinvestigation it was noticed that theweakest link in the system was thesupport board attachment to thestructural deck (steel deck). Themetal plates and fasteners pulledthrough the support board, causingthe delamination of the membrane.This delamination resulted indiscontinuity in the load transferpath thus allowing air intrusion intothe system. The lifted membranewas subjected to a pressuredifference of 125 psf (6.0 kPa).“The H clips maintained the

interconnection of the pavers [but]

the whole paver setup was upliftedduring wind gusts,” the researchersnoted, adding “It should be notedthat in cases where the failure ofthe roofing components led to theuplift of the pavers, the liftedpavers settled back to their originalposition without any damage tothemselves or to the clips.”Poured in placeThe second system, with a

poured-in monolithic concrete deck,performed exceptionally well inresisting the extremely high windpressures greater than 270 psf(12.9 kPa). With an air-sealedconcrete deck, the air intrusion intothe system was completely negated,and therefore the suction pressureswere transferred equally across allthe surfaces of roofing components(no pressure gradient) without anyuplift forces acting on them.“The applied uplift force is

resisted by concrete deck and itsattachment to the joist, which inthis case was the strongest link,thus allowing the system to sustainhigh uplift pressures,” theresearchers noted.Conversely, if any air intrusion

into the system occurs, it can breakthe load transfer path within thesystem components, and theirresponse might induce significantuplift movements of the pavers.

This has been evident in System 1,which demonstrated the necessityfor air tightness in the system atthe deck level.When testing a roofing system

for dynamic wind upliftperformance, many componentdetails and constructionmethodologies are considered.Some considerations for componentdetails include the deck type, deckattachment, insulation compressivestrength, membrane tensilestrength, and air permeability(leakage) of the individualcomponents and the roof systemcollectively. For this reason thereported wind uplift ratings fromthis study only applies to systemsbuilt at the NRC in the mannerdescribed in this report.Takeaway: Preventing airintrusion into the assembly is akey factor for concrete pavers tobe durable against wind uplift. ■

SIGDERS was formed from a group of partnerswho were interested in roofing design. Thesepartners included: Atlas Roofing Corporation,Canadian General-Tower Ltd., Canadian RoofingContractors’ Association, Carlisle SynTecIncorporated, Chemlink, Dow Roofing Systems,Duro-Last Roofing, Inc., Exp, Firestone BuildingProducts Company, GAF-Elk MaterialsCorporation, IKO Industries Ltd., National RoofingContractors Association, OMG Roofing Products,RCI, Inc., Roxul, Sika Sarnafil, Soprema CanadaInc., Tremco Inc., and Trufast Corporation.


Keeping concrete pavers in placeWind uplift testing of roofing systems has becomecritical for insurance approval, architects, engineers –and roofing contractors

Three-quarter-inch 4’ x 8’ (19 mm x 1219 mm x 2238 mm) sheets ofplywood were placed on top of the steel deck. Sheets were attached with 8fasteners per board to the steel deck using #14 – 2 ¾” (70 mm) fasteners.

Cap sheets were torched to thebase sheet layer of the modifiedbitumen membrane system.

Concrete pavers were interconnectedwith plastic H clips of 5” x 3 ¼” x 2 ½”(127 mm x 83 mm x 64 mm).

View of roof assembly during dynamic windtesting, inside the wind machine. The concretepavers began lifting at 125 pounds per square foot.

Taking nochancesMaple Ridge’s newcasino covered byRoofStar guaranteeLady luck may be popular insidethe new Chances Gaming Centrein Maple Ridge, but the ownertook no chances on the roof forthe 27,500-square-foot casinothat officially opened inNovember.The roof, partially installed

with plantings, is covered by a five-year RoofStarguarantee, assuring trouble-free coverage for years.Cascade Roofing & Waterproofing Inc. of

Chilliwack installed Soprema Soprafix, a high-performance, double-layer waterproofing system forthe main roofing material. Soprafix is mechanicallyfastened directly on the insulation panels withscrews and end plates, and a heat-welded cap sheet.A Soprema green roof membrane was installed

for the green roofing system around the roofperimeter. Roughly half the perimeter is edged withgreen roof, with the perimeter bands ranging inwidth from 5 feet to 20 feet.“The plant material was installed in rows, using a

combination of helictotrichon, rudbeckia,calamagrostis, carex and achillea plantings,”explained landscape architect Dylan Chenoff ofDurante Kreuk Ltd. (In layman’s terms, that is hardygrasses and flowers.)Calysta Consulting of Abbotsford acted as the

roofing consultant.Among a number of Chances-brand casinos being

developed by Great Canadian Casinos, ChancesMaple Ridge was designed by Chris DikeakosArchitects Inc., and was built by general contractorCapo Construction. ■


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Green roof over a Soprema membrane includes a selection of hardy plants and flowers. The plantingsare along the roof perimeter, in bands from 5 feet to 20 feet wide. Photos: Durante Kreuk Ltd.

Rendering shows exterior of new Chances Gaming Centre. Photo: Chris Dikeakos Architects



Firestoneannouncesnew GMFirestone Building ProductsCompany has announced thatOlivier Denis has been promoted toGeneral Manager – Canada. Hepreviously held the position ofInternational Market Manager inthe Brussels, Belgium, office, andrelocated to Mississauga, Ontario.Denis has overall responsibility fordirecting day-to-day operations,setting strategy and providingleadership to the Canadian team.Denis has more than 20 years of

industry experience, including 12years in managerial roles atFirestone. His experience includesenhancing profitability and marketshare, building strong sales

organizations and developingmarketing strategy.Olivier holds a Master’s degree

in Commercial and Finance Sciencefrom ICHEC in Brussels. He speaksFrench, English and Dutch.He can be reached at 905-363-

3144 or via email [email protected]. ■

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Raleigh, NC – Coldweather calls for specialhandling and applicationof styrene butadienestyrene (SBS) modifiedbitumen, cautions SBSexpert Kirk Goodrum inthe latest issue of theRCI’s Interface journal.The research and

technical developmentmanager at Siplast notesthat “installation andstorage techniques”should change when thetemperature falls below10 degrees Celsius (50degrees Fahrenheit).The following are some tips for

installing SBS in colder weather:• Adhesives and roll goods shouldbe stored in a warm place.

• In cold weather, torch-gradesystems are the most forgivingand offer the best results.

• If the system will be appliedusing hot asphalt or cold process,cut the sheets in halves or thirds

to facilitate uniform adhesion.Allow the cut sheets to lie flatoutside for 15 minutes to allowthe membranes “to acclimate andrelax.”

• When using heated asphalt as anadhesive, do not overheat theasphalt as this can damage theasphalt, change its physicalproperties and is a firerisk.

Type 3 and Type 4 are themost commonly usedasphalts for application ofSBS modified bitumenmembranes. Such asphaltshould be at a minimum of204 degrees Celsius (400˚F)when it makes contact withthe membrane.• Apply (mop) the heatedasphalt no more than fourfeet ahead of the roll.

• Be aware of the

“equiviscoustemperature” (EVT),which is the temperatureat which asphalt has theviscosity similar to oliveoil. Notes Goodrum, “Theviscosity of moppingasphalt increases at anexponential rate: it cango from the consistencyof olive oil to molasses inminutes or seconds,depending on theweather conditions.”• When using coldadhesives, follow themanufacturer’s

recommendations for coldweather applications. Wheninstalling the membrane, applyconsistent pressure to ensureuniform contact between themembrane and the adhesive,because the membranes will bestiffer in cold weather. ■

Brentwood site cited fornew town centreBurnaby – Shape Properties plans to transform its Brentwood Town Centreshopping centre with some of the tallest residential towers in BC and a new500,000-square-foot outdoor shopping centre and plaza.Darren Kwiatkowski, executive vice president of Shape Properties, says

that the 28-acre site presents a rare mixed-use opportunity directly on aSkytrain line.Shape has already begun work on the site. The plan includes two high-

rise apartment buildings of 60 storeys each, but these specific towers haveyet to complete public hearings and achieve municipal approval. A furthernine towers are planned in a project that could take 20 years to build out.The City of Burnaby identified Brentwood 10 years ago as one of the

town centres ripe for redevelopment, according to Kwiatkowski, and theTown Centre master plan received civic approval in September. ■

Photos: Topside Consulting (2004) Ltd./ D.M. Henderson Roofing Ltd.

Roofing Exporeadies withnew leaderDallas, TX – The giant InternationalRoofing Expo will be held inFebruary in Las Vegas, Nevadafeaturing a new show director.Tracy Garcia, an industry trade

show veteran, was named to the post recently. She succeeds LindsayRoberts, who has served as theRoofing Expo Show Director since2010.The 2014 International Roofing

Expo will be held February 26-28,2014, at the Mandalay Bay Convention Center. For information, visitwww.TheRoofingExpo.com or call 972-536-6415 or 800-684-5761. ■

Tracy GarciaPhoto: Hanley Woods

Shape Properties plans to build up to 11 towers around acentral plaza in a multi-year expansion of its Brentwood Town

Centre mall site in Burnaby. Photo: Shape Properties

Tips for cold weather SBS applications



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Delta – The Boundary Bay IndustrialPark is set to become greaterVancouver’s largest new industrialdevelopment – and the largestroofing project in the region – whenPhase I completes in 2014.The 47-acre project, by real

estate development companyDayhu, will boast warehouse spacesupwards of 900,000 square feet.“We’re effectively the only option

under construction that can offercontiguous space of this magnitude,”says Paul Tilbury, COO of TheDayhu Group.According to CBRE’s Chris

MacCauley, there isn’t a singleoption right now in Vancouver forcompanies in need of warehouse

space in the 300,000 to 400,000square foot range.Delta has become the new

industrial destination. Triovest isbuilding the South Fraser IndustrialCentre, with 277,000 square feet injust two buildings, while Grosvenoris completing a 160,000-square-footproject. Also, Beedie DevelopmentGroup is finishing its smaller,120,000-square-foot Tilbury WestCorporate Centre this year.Hindered by a lack of land, Metro

Vancouver has historically been lesscompetitive in attracting big userscompared with Calgary, Toronto andthe US. But with the expansion ofPort Metro Vancouver and thecontinued growth trade, theshortage of industrial space has

spurred a rush of speculativeconstruction.Victoria, by comparison, is seeing

near zero industrial development,despite an increase in retail, officeand multi-family projects.Colliers International reports that

Victoria has seen more industrialspace given back to the market thanleased up for the first time in atleast 15 years. This is known asnegative absorption. At 4.5 percentthe industrial vacancy rate hastouched at least a 10-year high,new construction has fallen nearly50 percent in the past year to78,000 square feet and 33,400square feet was pushed back ontothe market during the first ninemonths of last year. ■


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Boundary Bay Industrial Park will boast the largest industrial space in Metro Vancouver. Photo: Dayhu Group

Industrial builders target Delta

BCREA sees commercialstrengtheningVancouver – The BC Real Estate Association is forecasting strongercommercial construction for 2014, based on its “commercial leadingindicator.” The indicator is running 0.8 percent above the same period in2012, at 114.1 BCREA economist Brendon Ogmundsen said the indicator,which tracks retail sales and office employment, points to “an improvingeconomy and stronger commercial real estate action in 2014.”The recovery would be welcomed. While total non-residential

construction permits in BC increased in September from August, the outlookfor the year is not positive, according to Statistics Canada.In September 2013, municipalities issued permits valued at $326.5

million, marking a monthly gain of 10 percent. Stronger public-sectoractivity offset a decline in the industrial space. Volume has generallyclimbed since the end of 2012.Despite this positive trajectory, year-to-date activity was still down 25

percent from the first three quarters of 2012, reflecting fewer major projectstarts. Annual non-resident permit volume in 2013 is forecast to settle at 20percent below 2012’s levels, but remain above levels seen between 2009and 2011. ■


Walkpads, hatch safetygates and tape allrecruited to protect anddirect roof trafficBy Dermot Mack

Commercial roofs today are moreaccessible to more people than everbefore. Higher maintenance accessrequired for green roofs, HVAC andother mechanical systems, the useof roofs for solar platforms,

skylights and communicationequipment – and for amenityspaces – mean that the integrity ofthe membrane and safety concernshave become much morepronounced.“It is especially important to take

safety measures when dealing withspecific areas of the roof, such asaccess points (ladders, hatches, anddoorways) and around mechanicalequipment requiring maintenance,”

notes JimTierney, BuildingOwner ServicesManager withFirestoneBuildingProducts. “Extrasafetyprecautions arealso necessaryin the wintermonths orfollowing astorm sinceroofs can beslick after rain,frost, orsnowfall.”A recent trend

is the use ofsafety guardsaround roof hatches and “ladderup” safety posts on roof hatchladders. Roof hatch safety shouldbe taken very seriously, and guardsand posts can help to minimize therisk of falls.The Canadian

Roofing ContractorsAssociation notes in asafety bulletin thatroof access shouldideally be throughinterior staircases,and the roof hatchaccess should be well away fromroof edges and be equipped withguardrails. On buildings whereinterior access is unavailable,permanent ladder tie-off anchorsshould be strategically placed forsafety.A good first – and affordable –

step is to use brightly colouredsafety tape and markings aroundroof perimeters and hazards. Theseproducts serve to create a safetyzone around the roof edge,mechanical equipment, and otherhazards by visually drawingattention to these areas.

Walkway padsWalkway pads can be another

essential item that helpsincrease safety levels. Walkwaypads serve two purposes. First,they provide a non-slip surface

for thoseaccessing theroof. Second,the padsactuallyprotect thesurface fromwear and

tear associated withindividuals accessing theroof for maintenanceand repairs. Walkwaypads safeguardpeople and roofsystems yearround, butthese arealsoidealforthe wintermonths as they can bemanufactured to display coldflexibility.

NotesTierney,“Rooftopaccess shouldbe restrictedto trainedprofessionalswho aremindful oftheirsurroundings.Safetyprotocols andproducts arebeing drivenby [safety] aswell as risinginsurancecosts.”He adds that

building ownersoftenpurchasepreventivemaintenanceprogramsfromcommercialbuildingmanufacturersin order tomaximize thelife of theirroofs and followwarranty

guidelines. “Thereis a trend of movingaway from purchasingthe standard 10 yearwarranty and investing in15 year or even 20 yearwarranties,” Tierney says.The CRCA agrees, noting

that high-quality productsinstalled by pros will requireless maintenance and repairs –and fewer people on the roof. ■

Walkpads installed on a TPO commercial roof. Thepads protect the membrane and direct traffic flowfor maintenance staff and others. Photo: Tamko

Reflective safety tapecan mark off roof edges and

other potential hazards. Photo: 3M

Protecting accessible roofs

Roof hatches should be protected by safety railings. Some, such as the A-Mezz RoofHatch shown here, include self-closing safety gate. Photo: A-Mezz Industrial Structures

High-quality productsinstalled by proswill require less

maintenance andrepairs – and fewerpeople on the roof

Victoria’ssecretA building boom isunderway in the city afterfive years of slowconstructionBy Dermot Mack

After snoozing for most of the pastfive years, Victoria has seen itsconstruction pace accelerate headinginto 2014. In 2013, total buildingpermits were running 10 percentahead of 2012 as of mid-year at anaverage of $52 million per month,but this year could easily surpassthat pace.Metro Victoria is the home of

Canada’s Pacific Navy, a strongpublic sector employment base andthriving tourism, which keeps theunemployment rate among thelowest in Canada. Yet the realgrowth is being shaped by aknowledge economy characterizedby high technology, advancedengineering, clean energy and twotop-ranked post-secondaryinstitutions with the University ofVictoria recently beingnamed Canada’s No. 1Comprehensive University. “The Metro Victoria

region is really positioningas a tier-two creative andentrepreneurial centre inNorth America, verysimilar to a Boulder,Colorado or Austin, Texas,”says Dallas Gislason,economic developmentofficer for the GreaterVictoria DevelopmentAgency. “We’ve beenranked as the second mostcreative city in Canada byDr. Richard Florida [author

of The Rise of the Creative Class].”Even as multi-billion dollar

shipbuilding contracts fire up, a newwave of high-rise housing ascendsand the airport expands to meetinternational demand, Gislason sayslifestyle will remain Victoria’seconomic trump card.A $3.3 billion federal

shipbuilding contract alone willprovide decades of employment atEsquimalt’s Victoria Shipyardswhere finishing and maintenancework will be done on non-combatvessels and smaller ships.Such investments have further

spurred $1.2 billion in residentialand commercial developments.The construction projects include

the $100 million mixed-use EagleCreek by Vancouver-based Omicronon a 10-acre site across fromVictoria General Hospital. Nowunderway, it will include 190,000square feet of retail and offices and160 homes. Meanwhile, everymajor shopping mall in GreaterVancouver is being renovated orexpanded.New condominium and rental

apartment construction in Victoriawas running at more than 100 units

per month in 2013, with much ofthe action downtown where half adozen high-rises are underconstruction. One is a major proposal from

Jawl Properties for an entire block,anchored by the former Royal Bank

building on DouglasStreet across from CityHall, which Jawl plans asa mixed-use residentialand commercial project.Another is an entire

block in the James Bayarea that was sold in2013 by the provincialgovernment. ColliersInternational ismarketing an office andretail complex calledCapital Park for the site,and the province haspledged to lease180,000 square feet of it. There will also be

retrofit work for sheet metal androofing contractors. The old CrystalPalace is being eyed for a $58million replacement or at least a $6million makeover. Victoria’s FireStation No. 1 will be upgraded tothe tune of up to $18 million.Other major projects underway in

the capital region include a $9million upgrade to Ecole QuadraElementary School; $180 million tomodern the maintenance facilities atCanadian Forces Base Esquimalt;and a new $104.8 million helicopterbase and buildings at VictoriaInternational Airport. ■


Jawl Properties plans a two-phased commercial project with a six floor tower in the first phase and a 13-storey tower in the second, facing Douglas Streetin downtown Victoria. Note the green roof component in this design by D’Ambrosio Architecture. The contractor has yet to be named. Photo: Jawl Properties

White outline (lower right) shows location of proposed Capital Park officecomplex near the Legislature in Victoria. Photo: Colliers International

GreenversuswhiteUnique Walmart rooftested under two-yearuniversity studyPortland State University (PSU) isconstructing a green roof researchsite on the top of a new Walmartstore in North Portland, Oregon andcomparing it with a white roof in abid to better understand how theywork and how they can beimproved.The two-year partnership with

Walmart Stores Inc. will allow PSU’sGreen Building Research Laboratoryto study the way the roof filtersrainwater, enhances energyefficiency, mitigates heat islandissues and improves wildlife habitaton a 40,000-square-footinstallation.The team will embed sensors and

a weather station on Walmart’s newHayden Island Meadows store alongwith vegetation.The balance of the Walmart roof

will have a 52,000-square-footwhite membrane roof for

comparison purposes.A similar green roof in Chicago

will provide comparison data to thePortland structure.“The data we collect will help the

green building industry improveupon the many benefits provided bygreen roof,” said David Sailor,director of PSU’s Green BuildingResearch Laboratory.

The project team includes PSU’sInstitute for Sustainable Solutions,which provided funding, along withthe City of Portland, which willmonitor stormwater runoff. TheCadmus Group will offerenvironmental consulting while theAudubon Society of Portland willconduct bird counts. ■– Daily Journal of Commerce

David Sailor of Portland State University is leading a study atop a Walmart to compare theenergy performance of green roofs vs. white roofs. Photo: Portland State University

LEGAL AFFAIRS

Courtsfrown on‘if-paid’ and‘when-paid’clauses“Courts have beenhesitant to penalizesubcontractors byenforcing this type ofclause”by Chris Hirst

Those in the construction industrywill have heard of the “pay-when-paid” clause and its evil twin, the“pay if paid” clause.Though widelyused, these clausesremaincontroversial andare often confused.While both of

these terms attempt to affect ageneral contractor’s obligations tosubcontractors when the ownerdoes not pay that generalcontractor, they differ in importantways.A “pay-when-paid” clause (i.e.,

that the general contractor will paythe subcontractor within “X” days ofreceiving payment from the owner)really only addresses the timing ofpayments; it does not affect theunderlying obligation to pay forwork performed.On the other hand, a “pay-if-

paid” clause (i.e. that the generalcontractor only incurs an obligationto pay the subcontractor if, and onlyif, it is first paid by the owner) mayconstitute a condition precedent thatexcuses the general contractor fromhaving to pay the subcontractor ifthe owner does not pay the generalcontractor.The issue with a true pay-if-paid

clause is that it attempts to create acondition precedent, that is, a clauseupon which the entire trade contractdepends. But, unlike other

conditionsprecedentthat generallydepend on theconduct of the subcontractor, pay-if-paid clauses are activated by a non-paying owner, a situationsubcontractors have no control over.For this reason, courts have beenhesitant to penalize subcontractors

by enforcing thistype of clause.RulingTake the Nova

Scotia Court ofAppeal case,Arnoldin

Construction & Forms Ltd. versusAlta Surety Co. (1995), where theowner failed to pay the generalcontractor. The surety in turnrefused to pay the subcontractorunder the labour and materialspayment bond. Surprisingly enough,the subcontractor was dissatisfiedand sued.At issue was a clause in the trade

contract that stated the finalpayment to the subcontractor wouldbe made within 30 days of thegeneral contractor being paid. Thesurety claimed the clause was acondition precedent, pay-if-paidclause.The subcontractor argued the

clause was not a conditionprecedent but a pay-when-paidclause that only affected whenpayment was to be made, notwhether payment would be made.The subcontractor lost at trial andappealed.The Nova Scotia Court of Appeal

agreed with the subcontractor,stating the clause “did not negatethe [prime] contractor’s obligation to

payfor the

work.” Thecourt looked

at the clause inthe context of the

whole contract andthe obligations it

imposed on the generalcontractor. In this light, the

clause only outlined whenpayment was to be made, and didnot constitute a condition precedent.The Court of Appeal reversed thetrial decision and awarded thesubcontractor the balance owing onthe completed contract, $547,857.27.The Court of Appeal also noted

that pay-if-paid clauses requiremuch clearer language than thatused in this clause, stating that “anintention so important cannot beburied in obscure language thatwould not alert the subcontractorthat payment for the subcontractwork was conditional on the ownerpaying the [prime] contractor.”Court’s “disdain”Another example of the court’s

disdain for these clauses is a recentdecision out of Ontario where apay-when-paid clause wasexamined in the context of Ontario’slien legislation.In Bradhill Masonry Inc. v.

Simcoe County District SchoolBoard, it was argued that the pay-when-paid clause eliminated thesubcontractor’s entitlement to abuilder’s lien.The owner argued that since the

subcontract provided that thesubcontractor would only be paidonce the general contractor hadbeen paid and since the generalcontractor had not been paid at thetime the lien was filed, thesubcontractor had no right to lien.The court had little time for this

argument and found that theowner’s argument amounted to littlemore than a shell game that wascontrary to the purposes of the LienAct.

It based its decision on twogrounds. First, the court found thatthe contract, like all buildingcontracts, was subject to the OntarioLien Act, not the reverse.Accordingly, this contractualpayment provision could not affectthe rights of the subcontractorunder the Lien Act.Second, the court found that the

fundamental nature of the lien right,based as it is on the price of thematerial or services and the supplyof those materials and services tothe improvement, could not beaffected by the status of theaccounts as between the generalcontractor and the subcontractor.

Despite impediments to theenforcement of these clauses in thecourts, it is unlikely that pay-when-paid or pay-if-paid clauses willdisappear from construction contractvocabulary anytime soon.Subcontractors can, however,

take some comfort in the fact thatan unpaid subcontractor’s rights tolien a project for its unpaid accountsare not likely to be significantlyimpaired by such clauses. ■

Chris Hirst is a partner with the law form ofAlexander Holburn Beaudin + Lang LLPVancouver. This column, by Chris Hirst and NormStreu, president & COO of the LMS ReinforcingSteel Group, first appeared in the October 8,2013 issue of ‘Business in Vancouver’.


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“The Court of Appealreversed the trial

decision and awardedthe subcontractor the

balance owing”

A new food court at Richmond Centre mall was the only non-government construction project to win a2013 VRCA Award. Photo: Richmond Centre

Public projects dominateVRCA awardsVancouver – The domination of public spending in construction wasunderscored when awards were presented this past fall for the leadingbuilding projects across the province.Ten of the 12 awards in the 25th annual Vancouver Regional

Construction Association Awards of Excellence were for governmentbuildings. The only private project awarded was a new food court atRichmond Centre mall, which took two awards.In 2012, public buildings accounted for 10 of the 14 winners, with an

11th being a P3 hospital project in Kelowna.In the 2013 competition, there were 42 total entrants and 38 projects

considered. The total value of projects considered represented $1.1 billionof construction throughout BC.The 2013 General Contractor over $40 Million Award winner was an

Acciona Stuart Olson joint venture for its work on the Fort St. John Hospitaland Residential Care Facility. The project also took home the Chairman’sTrade Award, awarded to Flynn Canada Ltd. The Lifetime AchievementAward went to Larry Mierau of Mierau Contractors Ltd. ■

RBC Winter2013 - 14

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