Roofing BC, Summer 2013

Metro Roofing helpedcreate highest level ofgreen roofing in BCBy Dermot Mack

The $17 million visitor centre atVanDusen Botanical Gardens inVancouver was designed and builtto go beyond even LEED platinum –the highest standard in Leadershipin Energy and Environmental Design– and it’s the undulating green roofthat is its showcase of sustainability.Designed by Perkins+Will

Architects, the project follows aninnovative building technique thatsurpassed LEED: the Living BuildingChallenge 2.0.

This technique isfocused on sevenelements: site,water, energy,health, materials,equity and beauty.The result is notonly arrestingarchitecture but anearly net-zeroenergy building thatmerges intoVancouver’s mostfamous gardens.Metro Roofing &

Sheet Metal Ltd. of Langley, anRCABC member, worked withHouston Landscaping on the “living

roof” that was designed by CorneliaOberlander with Sharp andDiamond Landscape Architects.

Metro provided the Sopremawaterproofing membrane for 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. 2 • SUMMER 2013

SUMMER 2013I N T H I S I S S U E :

VanDusen continued page 6

FEATURES:Rooftop wonder: VanDusenGardens Visitor Centre ...............1Safety: the drop zone................ 4Profile: Continental Roofing ...10Wind, roofs and add-ons.........12

ASSOCIATION:President’s message .................. 3What it takes to become an RCABC member ................... 8Watson wins CRCA award.......13

INDUSTRY NEWS:Target stores – green roofs?.... 7BC to cut capital spending ....... 7LEED a major trend................. 13Vancouver extends building bylaw.......................... 14Trump builds in Vancouver.... 14ERA celebrates a decade ........ 14ARMA updates modifiedbitumen guide............................14Shop space plentiful.................15Firestone introduces metal roof coating ................................15BOMA’s award winner............ 16Asians to build in Kitimat ...... 16Haida Gwaii hospital starts ...16Chinese plan Nanaimo hotel . 16Abbotsford boom wanes..........17BC housing to rise.....................17Island construction up..............17Transit adopts bid system...... 17

COLUMNLegal Affairs: When selling a business.................................. 18

RCABC members a cut above Membership is only for the best ofthe best! See page 8

Rooftopwonder

The VanDusen Botanical Garden Visitor Centre

BC’s greenest roofersContinental leads the way to agreener tomorrow. See page 10

ROOFING BC SUMMER 2013 3

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 WritersBruce TaylorPaddy TennantCirculationBarbara PorthPhone: 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]

From the President

Summer: get itwhile it’s hot!It is now July and it looks likesummer has finally arrived. Basedon the weather in June I wasbeginning to wonder if the rainwould ever stop. But despite theweather the RCABC Super SummerEvent was a success. Fun was hadby all on the Hawaiian themed boatcruise. The rain did little to dampenthe spirits and the tropical thememay have helped bring in thesunshine. In fact the weather forFriday’s golf tournament was proofthat Mother Nature can bepersuaded by a little fun. Hopefullythe first annual Super SummerEvent grows into a long lastingtradition at theRCABC.That quest for fun

and sunshine mademe reflect on summerand how challengingit can be for allassociated with theroofing industry inBritish Columbia. As Iwatched theanticipation of mysons for school to endand the freedom of summer toarrive, it brought back memories ofthose carefree days of summer.Swimming, backyard barbecues,and relaxing times spent withfriends and family are whatsummer is all about. Making time

for that in the BC roofing world is adifficult balancing act. It isimportant to make sure thatsummer fun is not pushed to theside. The work will get done as italways does. Options such astaking advantage of those longweekends, rotating staffing onweekends to ensure that the goodroofing weather is not missed,having a staff family barbecue orbreaking up staff holidays over afew extended weekends are allthings that can ensure that summeris enjoyed by all.The biggest way to be able to

balance both the short roofingwindow and summer quality time isby being prepared for the summerrush. Get your training done earlierin the year so you have theworkforce ready to go. The RCABCeducation program can help you

with that. Be sure totake advantage ofmany of the benefitsthat the RCABC offersits members withrespect to ongoingeducation and training.Whether it be withapprenticeship orsafety training theRCABC is there for itsmembers and theindustry at large.

When I was reminded that Ineeded to get this message writtenI was actually heading out for a fewdays of cottage time. As I sit out onthe deck typing and watching mysons jumping off the dock into thelake I realize that before we know it

summer will be gone and I will bedragging the hockey bags out ofthe basement.

I will wrap up this message as Iam being summoned by my sons tojudge a cannonball competition. Inclosing, I hope this summer is

enjoyed by all and that everyonecan achieve a happy balancebetween summer fun and ourchallenging roofing environment.Bruce Taylor,President, Roofing Contractors

Association of British Columbia ■

Bruce Taylor

4 SUMMER 2013 ROOFING BC

| Toll Free: 888 713 7663I | Toll Free: 888 713 7663

R

2013 T

DropZoneCareful planning,coordination critical toprevent injury fromfalling debrisBy Gord Woodward

Construction sites in BC are provingSir Isaac Newton right hundreds oftimes a year. From an injuryprevention perspective, that’s not agood thing.Just like Newton’s falling apples,

objects such as hand tools andother construction equipment orbuilding materials are allvulnerable to the laws of gravity.And when these items fall fromhigh elevations, they all representhazards to workers, not to mentionothers — including members of thepublic — who happen to be at ornear the worksite.The risks go up when these

materials land in congested areas.“Objects and materials fall from

buildings all the time,” says RonMorehouse, a WorkSafeBCoccupational safety officer whodeals full-time with high-rise andother large commercial constructionsites in downtown Vancouver. “It’s amajor safety issue, and a bigconcern.”Over the last five years,

WorkSafeBC processed nearly11,000 time-loss claims under theclassification ‘struck by fallingobject’; more than 200 of theseincidents were related toconstruction materials or otherobjects and are likely associatedwith falling objects or debris.The consequences can be tragic,

as the close calls so clearlydemonstrate. Last October, severalworkers narrowly escaped deathwhen a 90-kg pane of glass fellfrom a downtown Vancouver condotower under construction. Thewindow pane landed onto the cabof an occupied parked truck, andbounced onto another vehicle,nearly striking two other workers.Miraculously, no one was hurt.

But the circumstances were far tooclose for comfort.To protect workers,

employers shouldpractice whatWorkSafeBCconstruction industrymanager Don Schouten calls a“three-pronged safety approach”:• First and foremost, develop andcoordinate work proceduresamong all contractors involvedfor securing tools, materials, andequipment. The key is to preventthese items from falling off thebuilding when workers areworking at the perimeter edge.Plan where materials will beplaced, stacked, and stored onsite, so they are less likely to fallor get blown over.

• Second, ensure tools andequipment are secured by usingtethered lanyards or rope —even, if possible, while these

items are in use.• And third, pay attention todebris. Keep the jobsite cleanthroughout the workday.Housekeeping should be wellmaintained, so nothing can beinadvertently kicked off thebuilding.“Always plan for the worst-case

scenario,” Schouten says.Prevent unwanted surprisesJeff Lyth, a safety advisor with

the BC Construction SafetyAssociation (BCCSA), encouragescontractors and employees tocarefully plan and coordinate the

work to prevent objectsfrom falling, and toissue daily remindersabout potentialhazards.“The prime

contractor needs to coordinate workduties, so one contractor’s workersdon’t endanger another contractor’sworkers.”On high-rises, for example, iron

workers erecting steel shouldn’t beworking above a window glazierworking on a swing stage.Under Section 20.9 of the

Occupational Health and SafetyRegulation, warning signs shouldbe prominently posted to indicatethe risk of overhead work. Andareas below need to be properlybarricaded or guarded to preventworkers from entering the dangerarea.In addition, protective canopies

must be installed over that dangerarea, or adequate catch platformsor nets must be provided to stopmaterials from falling into areasaccessible by workers. Andtemporary washrooms, offices, andsimilar structures must be locatedin areas where no one has thepotential for being hit by fallingmaterials.If protective canopies are used,

they must be designed to safelysupport all reasonable loads, in nocase less than 2.4 kPa (50 poundsper square foot).Grant McMillan, president of the

Council of ConstructionAssociations, says falling debris is asignificant concern for hisassociation’s 2,200 members, about70 percent of whom are tradesfirms. When incidents happen, theynot only have the potential to hurtpeople, but often draw mediacoverage, “and that paints allcontractors with a pretty negativebrush.”BCCSA executive director Mike

McKenna cautions employers aboutthe high cost of failing to planahead and use all necessary meansto protect workers against thedangers of falling debris.They could face lawsuits, repair

bills, an increase in WorkSafeBCpremiums, and worst of all, adevastating worker injury. “Howmuch is it going to cost you — andultimately your workers — ifsomething goes wrong?”

BC Place roofSafety for its own sake is a

message echoed by Lou Metcalf,district health, safety andenvironment manager for PCLConstructors Westcoast Inc.The firm was the prime

contractor for the massive BC Placeroof replacement between 2010and 2011. Given the challenges ofhaving workers andcranes in close proximityhundreds of metres inthe air, PCL implementeda rigorous safety system evenbefore the project began.The company’s initial assessment

identified potential dangers, andthen mapped out a grid system toget a sense of where workerswould be during the various stagesof construction.With that accomplished, PCL

then launched a system requiringworkers to get a permit for any siteaccess. They met any violationswith immediate disciplinary action.“We spent an inordinate amount

of time policing the procedures,”Metcalf says. But it was worth it.“We still had a few minor near-misses with falling materials,despite our best efforts. However,with the measures we had in place,the probability of injury was verylow.”Besides, he says, “we just know

that taking those precautions wasthe right thing to do.”That safety-first approach spills

over onto all of the company’sworksites, he says. Consequently,“we probably have fewer trips tothe doctor than anybody in thisbusiness.”Safety firstOther employers can follow that

lead when it comes to dealing withthe problem of falling constructiondebris. “It’s not a complex fix,”

Schouten says. “But itdoes take theemployer’s willingnessto commit to planning

and coordinating the work, and tostrictly enforcing that plan amongall contractors and workers on theworksite.”Schouten, who formerly worked

in construction, says it’s importantto also factor in the unexpected,including keeping an eye onweather forecasts, since gusts ofwind can transform many materialson buildings into deadly kites.Add to those safety steps a little

due diligence and preparation, andSchouten says employers have littleto fear from Newton’s centuries-olddiscovery.“Like gravity, the rules for

preventing falling debris are easy tounderstand,” he says. “For the mostpart, it’s about planning ahead andapplying the rules of goodhousekeeping and safe storage andsecuring of materials. In otherwords: common sense.” ■– Article courtesy WorkSafeBC and WorkSafe magazine


“How much is itgoing to cost you

if somethinggoes wrong?”

“Always plan forthe worst-case

scenario”

WorkSafeBC processed nearly 11,000 time-loss claims under the classification, ‘struck byfalling object’; more than 200 of theseincidents were related to constructionmaterials or other objects.”Photo: Abseilon

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green roofs, and metal flashings.Keith Panel Systems Co. Ltd. ofNorth Vancouver installed thearchitectural curved metal panelsused on portions of the roof.The roof, covering 17,200 square

feet, was a unique project,understates Houston principalJeremy Miller. “It was a difficultjob,” agreed Jim Nicholson, generalmanager at Metro Roofing, notingthat the membrane installation wasdone during a wet winter.“Most roofs are either sloped or

flat, but this roof had a 3D-likesurface to it, with dips and bumps,”Miller added, calling it “probablyone of the most complex greenroofs in North America.” Among thechallenges: creating three separategreen roof systems that needed toappear as one monolithic greenroof, despite slopes that rangedfrom 2 degrees to 50 degrees.

Three green roofsOn the low-sloped roof above

the entrance, the ZinCo PerennialGarden was installed with theFloradrain FD40 and 20 cm ofgrowing medium. The sloped petalsgreen roofs were constructed withthe ZinCo Sloping Meadow systemincluding the Floraset FS75 and 20cm of growing medium. And thethird green roof, with a slope ofmore than 45 degrees, wasinstalled with the ZinCo SteepSloping Meadow system includingthe Georaster elements and 12 cmof growing medium. The entiregreen roof was hydroseeded withlocal grasses and planted withbulbs native to the area.The roof foundation is composed

of prefabricated wood panels madewith FSC-certified glulam beams,joists, and plywood decking. Allservices, such as insulation, ceilingmaterials, electrical fixtures andsprinklers, were built into thecomponents to ease construction ofthe roof.Perforations through the roof

include a solar chimney composedof windows with automatic sensorsand a sculptural aluminum heatsink. The sun shines through theatrium, heats the aluminum heatsink, and draws air up, cooling thelower section of the buildingthrough convection.Now open for two growing

seasons, the tourist centre and theroof that covers it are credited withhelping to nearly double attendanceat the VanDusen Garden. Theproject has gone on to winnumerous awards, including:Awards for EnvironmentalExcellence, Excellence in UrbanSustainability Finalist, at 2013GLOBE; Wood Innovation Award,2013; 2013 Wood WORKS! BCWood Design Awards; EngineeringAward Winner, 2012 WorldArchitecture News; and theLieutenant-Governor of BritishColumbia Merit Award, 2012 fromthe Architectural Institute of BritishColumbia. ■


VanDusen cont’d from page 1

“Probably one of the mostcomplex green roofs in

North America”

VanDusen Botanical GardenVisitor CentreYear complete: 2011Owner: City of VancouverSize: 17,222 sq.ft.Designers/ManufacturersArchitect: Perkins+WillLandscape Architect: Cornelia Oberlander with Sharp andDiamond Landscape ArchitectsStructural Engineer: Fast + EPP EngineersGreen Roof System: ZinCo Canada Inc.Green Roof System Supplier: ZinCo Canada Inc.Consultant: Architek SustainableBuilding ProductsWaterproofing: SopremaContractorsGreen Roof Contractor: Houston LandscapesRoof Landscape Contractor: Houston LandscapingRoofing Contractor: Metro Roofing & Sheet Metal Ltd.Construction Management: Ledcor

A ‘chimney’ jutting through the green roof is composed of windows with automatic sensors that bring light and ventilation into the 17,700 square foot complex on Oak Street in Vancouver.Photos: Perkins+Will Architects

Green and curved metal roof at VanDusenBotanical Garden Visitor Centre proved achallenge – and an award-winning success –for Metro Roofing & Sheet Metal, HoustonLandscaping and Keith Panel Systems.


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VICTORIA – While existinginfrastructure projects like the $1.3billion Evergreen Line will whistleahead, the British Columbiagovernment is signalling aslowdown in other capitalspending.The 2013 BC budget update

restates Victoria’s plan to eliminatethe provincial deficit in the next

year by further reducing capitalspending on the construction ofinfrastructure and additionalspending cuts.Finance Minister Mike de Jong

presented the budget update inVictoria on June 27. De Jong iscalling for $130 million inspending cuts over the next threeyears.

The 2013 June budget updateestimates total capital spendingwill drop to $6.043 billion in 2012-13 compared to an updatedforecast of $6.767 billion in theFebruary budget.“We view the budget update as

part of the consistency we sawwith re-election of the Liberalgovernment,” said Manley

McLachlan, president of the BCConstruction Association. “Thegoals of the government are asthey were laid out in the springand there is a continued robustcommitment to capital spending.”The budget update represents

more than a billion dollars in cutscompared to $7.141 billion in fiscalyear 2011-12. ■

Targetstores maymean greenroofsVANCOUVER – Giant U.S. retailerTarget is seeking LEED certificationfor all of the 124 Canadian stores –nine so far in BC – to open this year.And, judging from Target constructionin the U.S., many of the stand-alonestores could sport a green roof.Target is obtaining LEED

certification through the U.S. GreenBuilding Council’s (USGBC) LEEDVolume Program, which streamlinesthe certification process for multiplebuildings of a similar type in bothCanada and the U.S.All 24 of the first Target stores that

opened in Ontario this year wereLEED certified, said Tony Fisher,president, Target Canada. “More than$10 million is being invested intoeach new location to ensure ourstores deliver a commitment tosustainability and design plans thatconserve energy, water and waste.Currently the retailer has 48 stores

open in British Columbia, Alberta,Manitoba and Ontario. While moststores are in existing malls, formerZellers locations, Target is alsobuilding its own stand-alone outlets.Target has extensive green roofs

on a number of its Americanlocations, including in Chicago andMinneapolis. ■

Evergreen Line spending in place: other infrastructure spending may be trimmed. Photo: BC Government

BC plans cutbacks on capital spending


What ittakes tobecome an RCABCmemberAn important milestonereached only after achallenging roadBy Frank O’Brien

Becoming a member of the RoofingContractors Association of BC is amark of arrival, but it is earned onlyafter a long and challenging journey.RCABC membership places a

contractor among an elitenetwork of companiesdedicated to the higheststandards of roofingpractices in the province.“It is a recognition that a

company is among the toproofers in BC; perhapsanywhere in the world,”said Bruce Taylor, president ofRCABC, and president of Alpha-DuronRoofing Ltd. of Burnaby.For Joshua Gibson, a partner in

Benchmark Roofing Ltd. of Coquitlam,acquiring RCABC membership met amajor goal of the company.Benchmark became a member inDecember of last year and “it hasbeen awesome,” Gibson said. But itwasn’t easy. Benchmark worked withconsultants over a period of several

years to make sure theirwork was to RCABCstandards, and thengathered testimonials andreferences from clients

across the LowerMainland.Membership

immediately paidoff, Gibson said.“It has been great.We are workingon biggercontracts and with

consultants and it is agreat feeling to know youare working at the highestlevel in the industry.”RCABC members use

only the best roofingmaterials, employ the best trainedworkers – many of them trained rightat the RCABC Langley campus – andare the only roofing contractors whocan provide the RoofStar guaranteeon labour and materials.

Membership also means access tothe best and latest information.Mel Hoffart, owner of Topside

Consulting (2004) Ltd. of DawsonCreek, said the RCABC’s RoofingPractices Manual, which is part of the

membership advantages, is itselfworth the $10,000 initiation fee foran active membership.“The Roofing Practices Manual has

become the guide to architects andengineers,” Hoffart said. “It is

considered the industry standardfor good roofing practice.”It takes a very special company,

with a solid track record, to meetthe criteria needed to wear theRCABC badge as an active member.As an active member, the

applicant must:• satisfy the RCABC Board ofDirectors that the owners and keymanagement are of good reputeand possess honesty, integrity andfinancial responsibility;• have an experiencedmanagement team – the ownersand/or key management andoperational employees must havebeen actively engaged in roofingcontracting in BC for a minimum offive years;

• provide proof of liability insurancein the amount of $5,000,000;

• be located in a commercially-zonedproperty or a property that can belawfully used for commercialpurposes;

NEVER UNDERESTIMATE THE IMPORTANCE OF A COMPREHENSIVE ROOF GUARANTEE

ROOFING CONTRACTORS ASSOCIATION OF BRITISH COLUMBIA

GUARANTEED. BETTER.

RoofStar: New name. Same great guarantee.

OR THE STUBBORN DETERMINATION OF A SINGLE RAINDROP TO GO WHERE IT DOESN’T BELONG

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Sparkling Hill Resort in Vernon; roofing done by Laing Roofing (Vernon)

Cloverdale Recreation Centre; roofing done by Raven Roofing

UBC Kelowna; roofing done by Laing Roofing, Kelowna

“RCABCmembershipmeans youare held tothe higheststandard.”


• provide a “Consent of Surety” froma bonding company to issue a$100,000 surety bond in the nameof RCABC;

• have completed the BCCSACertificate of Recognition (COR)Program; and

• be sponsored by a current RCABCroofing contractor member.For roofing contractors across BC,

RCABC membership has importantbottom-line benefits since onlyRCABC members can offer theRoofStar guarantee. RCABC was thefirst construction association inCanada to offer the RoofStarguarantee. RoofStar covers bothworkmanship and accepted materialsfor either five or ten years; acomplete guarantee program that isnot available from any other source.“You have to have the RCABC

guarantee [RoofStar] to be on thebidding block for many largecommercial and governmentcontracts,” said Chris Lyons, co-ownerof Mainline Roofing Co. Ltd. ofWilliams Lake, which has held RCABCmembership for more than 40 years.“We proudly put the RCABC logo onall our quote sheets.”Robert Greenough, general

manager of Tomtar Roofing & SheetMetal of Kelowna, also a long timeRCABC member, notes thatmembership has responsibility aswell as privileges.“RCABC membership means you

are held to the highest standard,” saidGreenough. He is among themembers contacted who praisedRCABC’s Roofing Institute, the mostadvanced “roofing university” in

Canada, which trains the roofingcontractors, and RCABC members, oftomorrow.Gabriele Fortin, president of

Coastal Roofing Ltd. of Langley, is afairly recent RCABC member. “It is astep up,” said Fortin. “Membershipopens a wider spectrum of potentialclients.”

Associate membersThe RCABC also accepts associate

members, which are companies thatmanufacture or supply a product orservice to the BC roofing industry.Material manufacturers must have atleast one product that can beaccepted into the classificationscurrently listed in the RoofStar

Guarantee program in order to beeligible for membership. Allapplicants also must:• have an experienced managementteam and experience inmanufacturing or supplying to theroofing industry;

• satisfy the RCABC Board ofDirectors that the principals and

key employees are of good reputeand possess honesty, integrity andfinancial responsibility; and

• be able to provide technicalsupport in BC for their materialsor services.Like roofing contractors, RCABC

associate members also represent thepeak of roofing quality in BC. ■

Thompson River University, House of Learning – Kamloops;roofing done by Western Roofing


Continental Roofing is thefirst RCABC Climate Smartcommercial roofingcontractorBy Frank O’Brien

For Brad Eward of ContinentalRoofing, the most important personsin business are his nine-year olddaughter Haley, toddler Aaron, andhis unborn second son. Eward’s kids,and those of his business partnerand brother-in-law Will Foulkes –Lauren (8) and Ashleigh (6) – are key

reasons why Richmond-basedContinental became the first ClimateSmart-certified commercial roofingcontractor in BC.“We don’t look to tomorrow,” says

Eward, Continental’s generalmanager, “We look 10 years ahead.”Climate Smart is a private-sector

initiative that provides training andtools to BC small and mid-sizebusinesses to measure theirgreenhouse gas (GHG) emissions andstreamline their operations.“Continental has already shown

considerable appetite for sustainableinnovation, in an industry that onewould not normally identify asparticularly sustainable,” said JensOurum, part of thebusiness developmentteam at Vancouver-based Climate Smart.“I started to think of

our kids, and thinkingdown the road, that wecould be making adifference,” Eward said,“We could do our partto help theenvironment, saveenergy costs for ourbusiness and look goodto our clients.”Eward and Foulkes

are pragmaticenvironmentalists,reflective of a service-oriented company thathas built a successfulbusiness and wonpraise from satisfiedclients and the Roofing

Contractors Association of BC.The duo first looked to

Continental’s fleet of over 30 trucksfor ways to reduce GHGs. They found

the answer in a simple technologydesigned to dramatically reduce fuelcosts. Working with A&T Systemsand Telus, Continental is developinga custom app for their Samsungsmart phones. Today, service crewscome to the Continental offices eachmorning to pick up their paperworkand download their previous day’swork. “This phone app will allow thecrews to download reports andphotos right from the roof and sendthe information straight to ouroffice,” Eward explained. Thetechnology means that crews willonly have to come to the officeperhaps twice a week, reducing fuelconsumption and shortening traveltime to job sites.Technology also allows

Continental to prepare from-the-siteservice reports for clients, showingexactly what type of repairs weredone and where, complete withphotos. “The property manager cantake our information to the buildingowner or strata corporation andshow due diligence,” Foulkes said.Zero guarantee claimsContinental believes in being

accountable for its work, shown inan unprecedented record withRCABC’s guarantee program, nowknown as RoofStar. Continental hasbeen an RCABC member since 1991and after hundreds of RCABC jobsand more than $20 million in

ProfileBrad Eward, left, and Will Foulkes, partners inContinental Roofing of Richmond: getting on boardwith Climate Smart will add to the bottom line.Photo: Richard Lam

Continental Roofing’s Repair and Maintenance Divisionresolved an issue with a badly leaking planter on a luxuryhotel on Robson Street in Vancouver. Continental suppliedand installed custom sheet metal caps over the planters, and the tenants placed the plants on top of the caps.

Photo: Continental Roofing

This giant Lowe’s roof in Queensboroughwas completed by Continental Roofing

using white 60 mil Firestone TPO.Photo: Continental Roofing

“We don’t lookto tomorrow.We look 10

years ahead.”


contracts, the company has zeroRoofStar Guarantee claims. As RCABCnoted in a congratulatory letter,“Continental is the only LowerMainland RCABC member that hasnever posted a claim in the[guarantee program].”Eward concedes that Continental

roofs have leaked during installation.“We have bought our share of stainedT-shirts or store inventory,” he jokes,but the company has also insisted ontaking care of the problem –

including paying for client stock thatmay have been damaged – ratherthan filing a claim or contesting fault.“At the end the client is happy andthat is worth every penny to us,”Eward said.Eward, a graduate from Simon

Fraser University, got into the roofingbusiness through his father, LeeEward, who founded Continental in1988 with partner and former RCABCpresident Roger Cumming. Bradstarted as a safety officer but soon

became head of the servicedepartment. Foulkes, a businessstudies graduate from StaffordshireUniversity, England, joinedContinental in 2006.Working in both new construction

and roof replacements, Continental’screws install SBS torch-on, EPDM,TPO, Cold Applied Systems and tar &gravel roofs and are certifiedinstallers of most major roofingmaterials. At the request of clients,the company’s crews have evencompleted roofing projects in FortMcMurray and Edmonton, Alberta.Proactive service, maintenanceContinental focuses on the

commercial, industrial andinstitutional sector, with 30 percent ofits work in repair and maintenance.The company provides regular roofmaintenance inspections for over 800properties on the Lower Mainlandand Vancouver Island. The program isdesigned to save clients the cost andinconvenience of emergency roofleaks and to prolong the life of roofs.The maintenance teams are made upof a ticketed journeyman and anapprentice.“Through sponsoring our young

employees in the RCABCapprenticeship program andproviding in-house training, weendeavor to graduate our apprenticeroofers into foremen,” said Eward.While Continental does not install

metal roofs, its crack sheet metal

crew provides metal roof flashings forall the production and service crewsyear round. They also design andinstall custom flashings.“All of our employees take pride in

their work and in this company, andit shows,” Eward said. An encouragingnumber of its 80 employees havebeen with the company for more than10 years, he notes.TestimonialsThe hard work and dedication

have paid off long term, astestimonials from some of the biggestproperty mangers in BC attest.“Continental Roofing has proved to

be a solid, dependable serviceprovider for our portfolio of buildingshere in Vancouver and VancouverIsland,” said Wayne Lee, generalmanager, Metro Vancouver, forColliers International. “As we getmore of our buildings set up undertheir maintenance program we findwe get less and less panic calls fromsurprise roof leaks. We get a highlevel of professionalism from dispatchright down to the crews that attendthe calls.”Adds Joanne Montgomery of

property giant Bentall Kennedy(Canada), for which Continentalprovides a preventive maintenanceroofing program, “Continental isquick and professional. We wouldrecommend Continental Roofing toany of our peers in the industry.”Eward said environmental

awareness by such large clientshelped push Continental towardsClimate Smart registration. “It looksgood having the Climate Smart logoson our trucks and signs,” he admits,but he has become a green convert.He is taking Climate Smart trainingsessions, where he was joinedrecently by RCABC Executive VicePresident Ivan van Spronsen. “Ivanwas intrigued, and we even discussedincluding Climate Smart in RCABCapprenticeship training,” Eward said.It appears that going green may

become a growing trend within theRCABC. ■

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How Continental is Climate Smart• Plastic and wood materialsare recycled;

• Metal is recycled;• Extra bins are added to sortand dispose of tear-off debris;

• Mobile app being developedto file reports and photosfrom the field;

• Moss and other vegetationstripped from roofs iscomposted and sent to anorganic waste company.

Continental Roofing’s Sheet Metal Division installs metal cap flashingson new roof and repair projects.. Photo: Continental Roofing

Continental covered this big warehouse on BraidAvenue, New Westminster, with EPDM membrane.Photo: Continental Roofing


Wind, roofsand add-onsPV panels, planters andpavers can damage roofmembrane if not adheredproperlyBy Dermot Mack

Modern roofs are now beingrecruited for all types of semi-permanent add-ons, from solar PVpanels to pavers and planters, butthe additions can affect the roof’sperformance, according to a seniorresearcher at the National ResearchCouncil.Dr. Bas Baskaran, working with

NRC’s Special Interest Group for theDynamic Evaluation of RoofingSystems, ran a series of wind testsusing different add-on scenarios.The results showed that, withoutproper adhesion, the integrity of aroof could be compromised.One test concerned wind-uplift

performance of loose-laid solar PV(photovoltaic) modules over TPOmembranes. The roof system testedwas steel deck, polyisocyanurate,and 8-foot-wide TPO membraneattached with fasteners at 12-incheson centre.Solar panelsThe wind test used 12 PV

modules interconnected with clipsand loose laid over the membrane.Once the wind test began, the PVsystem had a longitudinal shift of11 inches and a lateral movementof 3 inches.A second wind test was then

performed, but with the PV systemplaced at an angle of 11.5 degreesto the membrane seams. In this test,the movement was less pronounced,but remained significant.Such movement could affect the

integrity of the roof membrane bycausing mechanical damage, leaksand reducing its life expectancy,Baskaran told an RCI meeting inFlorida this spring. He added thatthe wind-induced movement couldalso damage the PV system’sconnections, making it inoperable.PaversA second study covered the use

of pavers clipped together andinstalled over a protectedmembrane system over twodifferent decks: a composite woodand metal deck with mechanically-attached gypsum board; and apoured concrete deck that was curedand primed. A two-ply modifiedbitumen, torch-applied roof system

was installed on each deck, followedby two layers of insulation, aprotective mat and 2-foot by 2-footconcrete pavers, clipped together.The assemblies were then windtested.As could be expected, the

concrete deck system passed at 270psf (pounds per square foot) with no

visible deformation.However, the composite deck

system failed the wind test at 125psf. The failure occurred at thegypsum board connection to thedeck. The failure caused thedelamination of the membrane fromthe substrate and resulted in airbeing allowed into the system.

While the pavers weredisplaced during the testing,the H-clips maintained theinterconnectivity and remainedintact.PlantersThe final test concerned the

installation of vegetated traysover a torch-applied modifiedbitumen roof membrane.Different types of failures wereobserved at different windspeeds. These failures variedfrom lifting and resettling ofthe trays to complete blow-offof the tray. The membranelifted in certain conditions, andwas no longer adhered.

Best advice: make sure any add-ons to your roof are properlyadhered to protect the membrane. ■

Editor’s note: The publication “Wind upliftresistance evaluation of commercial roofs withand without add-ons”, was developed with anumber of clients and collaborators. NRC’s BasBaskaran has promised to release the full reportat a later date.

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Solar PVC panels and planters areamong adds-on being installed oncommercial roofs; but care must betaken to protect the roofing membrane.

Photos: Wordpress.com

LEEDbecomingmajor trendOTTAWA – BC roofing contractorsshould get up to speed onenvironmental techniques andmaterials because Canada is nowranked second in the world in LEEDconstruction, and BC is a nationalleader.According to a list obtained from

the Canada Green Building Council,BC now has 214 LEED certifiedprojects complete and another 578registered with LEED, for a total of792. Across Canada, 1,000 LEEDbuildings have been built in the past10 years.“I am very proud of how far

we’ve come. It is a testament to thegrowth of the Canadian greenbuilding industry which hasembraced LEED over the pastdecade,” said Thomas Mueller,Canada Green Building Council(CaGBC) President and ChiefExecutive Officer. “Canada is nowconsidered one of the global leadersin green building with some of themost innovative and advancedbuildings in the world.”LEED is a third-party certification

program and an internationallyaccepted benchmark for the design,construction and operation of highperformance green buildings.Canada’s certifications include

145 certified, 316 Silver, 447 Gold

and 92 Platinum projects in sixdifferent rating systems.Canadian cities have been

influential in pushing for theadoption of LEED Canada. For

example, Vancouver has LEED Goldtargets for their new building stock.In all, there are 29 Canadian citiesor municipalities that currently havea LEED certification policy. ■


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Watson takes top CRCA awardOTTAWA – James Watson, RRO, is the 2013 recipient of the Frank LadnerAward as announced by the Canadian Roofing Contractors Association(CRCA) at its 54th Annual Convention held June 1-3 in Saskatoon. TheFrank Ladner Award, established in honour of CRCA’s first TechnicalDirector, recognizes a person for their technical contribution to the roofingindustry.Watson has been an active professional in the commercial roofing

industry for over 40 years. He is a trade qualified journeyman who, for 16years, was president of an RCABC-member roofing contracting firm prior toaccepting a position as Technical Manager of the RCABC Guarantee Corp.(RGC) in 1995.Jim retired from his technical position at RCABC in 2011, and now offers

consulting services for roofing and waterproofing projects under hisincorporated firm, J. Watson Roofing Consulting Inc., in Victoria, BC.The Canadian Roofing Contractors Association (CRCA) is the national

voice of the roofing industry in Canada. CRCA consists of companiesactively engaged in the roofing and related sheet metal business in Canadaincluding contracting, manufacturing and supplying of materials andservices. ■

The UBC Centre for Interactive Studies isamong more than 700 BC projects builtor proposed to LEED standards.Photo: Martin Tessler

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Quintet complex inRichmond stretcheswaterproofing challengeBy Frank O’BrienThe giant $165 million Quintetproject in Richmond, by CanadaSunrise Corporation and being builtunder the direction of LedcorConstruction, has proved a

challenge for roofing contractorPacific Waterproofing Ltd. ofBurnaby.Quintet will be comprised of fivetowers and townhomes indowntown Richmond on theSkytrain line. It will also be thefuture home of Trinity WesternUniversity (a private university) anda new 30,000 square foot City of

Richmond Community Centre.The primarily residentialdevelopment has proved a huge hitwith buyers. The first phase, with295 units and to be completed in2013, sold out in just two weeks.Some people camped out for twodays as they waited to purchasewhat some see as Richmond’spremier residential development.

Construction of the first phase,which represents two of theprojected five 14-16 storey towers,began in April 2011. The secondphase of three additional buildingsis planned for completion in 2015.The total square footage of theentire complex is 762,000 squarefeet.

PUBLICATIONS MAIL AGREEMENT NO. 40014608RETURN UNDELIVERABLE CANADIAN ADDRESSES TO:Roofing Contractors Association of BC9734 201 StreetLangley, BC Canada V1M 3E8

THE VOICE OF PROFESSIONAL ROOFING CONTRACTORS Vol. 9, No. 4 • WINTER 2012-13

WINTER 2012-13I N T H I S I S S U E :

QUINTET continued page 4

FEATURES:Quintet: wet and waterproof ....1Profile: Pacific Waterproofing.. 8Roofing and the new BC Building Code ..................... 11Architectural metal “bulb seam” roofing .................12HST switching back to PST .....17ASSOCIATION:President’s message .................. 3RCABC AGM report ................... 5Prompt payment lobby............. 7Training programs require changes........................ 10INDUSTRY NEWS:Safety blitz may repeat............. 5Waterproofing: more than the membrane ............................ 6Underlayment UV warranty doubles ....................... 9Outlook 2013 .......................... 14VRCA Awards of Excellence ....15Vancouver’s green plan .......... 16BC’s Energy Efficiency Building Strategy.......................16Green roof demand on rise.....16Roof moved in one piece ........18Building permits ramp up.......18Construction trade shows:Expo, RCI, Buildex ................... 19Tower design wins award ...... 20Roofing nailers recalled ......... 20Copper price rise forecast ...... 20Shop yards worth money........21NRCA repair manual out ...... 21CRCA releases spec manual .. 21

COLUMNLegal Affairs: Computers atwork – and privacy ................. 22

ASM ‘bulb seam’ roofingGaining popularity in Canada See page 12

Wet and waterproof

Artist rendering from W.T. LeungArchitects shows the fifth-floorplaza at Quintet in Richmond.The waterproofed plaza featuresponds, waterfalls and plantingson top of a rubberized asphaltwaterproofing membrane. Photo:W.T. Leung Architects Inc.

Trade shows on horizon February and March offer up threeevents. See page 19

Trump brands secondtallest Vancouver towerVANCOUVER – New York City-based real estate developer Donald Trump wasin Vancouver in June to brand a 63-storey condominium and hotel tower –the second tallest in Vancouver – with the Holburn Group and TA Global Bhd.The $360 million tower will be called the Trump International Hotel &

Tower, and is currently under construction in the 1100 block of West GeorgiaStreet in downtown Vancouver.“We are thrilled to be bringing the Trump flag to Vancouver as it has

become a world-class city in its own right,” Trump said at a press conference.“When looking at expanding our portfolio, we felt this was a market that heldgreat potential for our brand.”The tower was designed by iconic Canadian architect Arthur Erickson and

will “twist” slightly as it rises. It will include 218 residential suites and a147-room luxury hotel. The hotel will feature a pool bar, restaurant, champagnelounge, Trump Spa, banquet room and conference centre. How much willsuites cost? “It is expensive,” Trump said.The project is expected to complete by the summer of 2016. ■

Vancouver extends“sustainable building”bylaw VANCOUVER – The City of Vancouver has extended its Rezoning Policy forSustainable Large Developments that will require projects of about 500,000square feet to be built to the city’s high environmental standards. The policy replaces the city’s Rezoning Policy for Green Large Sites.“The revised policy captures the shift from large site to large

development and states that a 45,000 square metre (or 484,375 squarefeet) or more new development in floor area and/or a site 8,000 squaremetres (1.98 acres) or more are criteria for a development site to beclassified as a large development and trigger the policy,” stated a report tocouncil by the city’s planning department.Vancouver requires that all new buildings on rezoned sites in the city be

built to LEED gold standard, a policy that has been in effect since 2011.The change came about because the old policy’s two-acre default didn’t

capture large buildings’ mass construction.Burrard Gateway, a Reliance Properties and Jimmy Pattison project in

downtown Vancouver was cited as an example.“One such site is the downtown Toyota (1290 Burrard) site: the city is

currently reviewing an application for the project that involves a 1.58 acresite, but proposes 800,000 square feet of development over three towers,”planners noted.The new policy also wraps together many of the city’s standards that it

needs large developments to meet in order to reach its 2020 green citygoals.The list includes: sustainable building design; affordable and mixed

housing; district energy systems; zero waste systems and a transportationplan that incorporates green travel; plus a low carbon energy supplyfeasibility study by a green energy consultant at the discretion of the city. ■

EPDM groupcelebrates10 yearsBETHESDA, MD – The EPDMRoofing Association (ERA) celebratesits 10th anniversary this year, andpledges to “provide advancedscience” to the roofing industry.“It is not enough to stay current

on issues facing the roofingindustry. We have to stay ahead ofthe curve,” said Robert Reale,Manager of MarketingCommunications at Carlisle SynTecand ERA communication chairman.“We have a strong tradition ofleadership and are committed tobuilding on that record to deliver

value to the roofing industry.”For more information on the

ERA, go to www.epdmroofs.org. ■

ARMAupdatesmodifiedbitumenguideWASHINGTON, DC – The AsphaltRoofing Manufacturers Association(ARMA) has updated the ModifiedBitumen Design Guide, a valuableresource for building owners androofing professionals working with

asphalt roofing systems.The collaborative guide is broken

up into sections and addressesrelevant aspects, issues andconcerns of modified bitumenroofing systems and its associatedcomponents, substrates,construction techniques andinnovative uses. It includesconsiderations for latest trends inroofing that call for the roof toprovide more than waterproofing,including solar, garden andrecreational surfaces.Topics covered in the guide

include deck materials andtreatment, roof insulation,membrane installation techniquesand choosing the appropriatesurfacing materials. The guide canbe purchased throughwww.asphaltroofing.org. ■

The BurrardGateway projectis amongdevelopmentsnow covered bya Vancouverbylaw change.Photo: BingThom Architects

Donald Trump brands new Vancouverhotel tower that will soar 63 storeysfrom Georgia Street. Photos: Frank O’Brien / Holburn Group


VANCOUVER – Despite reports ofan industrial real estate shortage inMetro Vancouver, research showsthere are plenty of smaller spacesavailable at the size most roofingcontractors would need.Both Avison Young and DTZ

Commercial call the market “tight”in recent reports, with DTZ notingthat just 2.3 percent of the 23.8million square feet of City ofVancouver industrial space isvacant.But digging down into the

market stats suggests thatindustrial demand may be met notfrom scarce land, but fromreconfiguring space that is alreadyhere. When the Roofing BC editorposed as a construction contractorseeking small-bay industrial space

of around 5,000 square feet, hewas told there is plenty, even inVancouver. “There is tons of spacelike that,” one industrial agent said.Research analysts at both Avison

Young and DTZ agreed that smallbay space – anything under 10,000square feet – is widely available,each estimating the vacancy rate forsmall bays is likely twice the levelof the overall industrial vacancyrate.In fact, according to research

sourced by Martello PropertyServices Inc., 70 percent of spacecurrently available for lease inMetro Vancouver is in units of lessthan 10,000 square feet. The City ofVancouver alone has more than halfa million square feet of such smallbays.

There is 3.35 million square feetof space in units under 10,000square feet and another 4 millionsquare feet sized between 10,000-30,000 square feet across theregion.Some doubt whether the Metro

region should fear a loomingshortage of industrial space, evenfor large-format users.Pointing to the raft of large-

format, high-ceiling warehousesunder construction around theLower Mainland, often on older,low-density industrial sites, CBRELtd. senior vice-president GurchOllek said he believes the marketwill respond to the demand for newdevelopment opportunities. “I’m nota believer in an industrial landshortage,” he said. ■

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Firestone introducesmetal roof coatingINDIANAPOLIS – Firestone Building Products has introduced a liquidcoating it claims can protect and extend the life of metal roofs.The Fluid Applied Metal Roofing System uses an elastomeric roof coating

technology formulated with 100 percent acrylic polymer to offer “superioradhesion, water protection and durability,” Firestone claims. “These systemscan help reduce the temperature of a roof’s surface and can minimize thepeak cooling demands of a building. The highest level of energy savings isachieved when using lighter colours such as white or tan.”It is now available through Firestone and its building product dealer

network in the U.S. Firestone has not yet launched the product in Canada. ■




specifiers throughoutBritish Columbia


[email protected]

Cadillac Fairviewrepresentatives receiving theEARTH Award from BOMA BCPresident Derek Page at theAwards GalaPhotos: BOMA BC

BOMA names EarthAward winnerVANCOUVER – Cadillac Fairview Corp. has won the 2013 EarthAward from the Building Owners and Managers Association of BC(BOMA) for its tower at 885 West Georgia Street, Vancouver. Thebuilding includes an arresting glass-roofed lobby.This BOMA-BC award recognizes environmentally friendly and

efficient buildings. Entries are judged on energy management;indoor air quality; recycling; reduction and re-use; tenantawareness programs; and health and safety. ■

Asian oil giant to build in KitimatKITIMAT – Malaysian national oil giant Petronas says it expects to spendup to $16 billion to build a liquefied natural gas export facility in PrinceRupert on the northeast BC coast as a prelude to shipments of LNG to Asia.Arif Mahmood, Petronas vice president of corporate planning, said the

company will invest between $9 billion and $11 billion to construct twoLNG liquefaction plants.Another $5 billion will be invested in a 750 kilometer long pipeline, to

be built by TransCanada Corp., to supply gas to the two plants, according tothe Associated Press.The Pacific Northwest LNG project, located on Lelu Island in the Port

Edward district near Prince Rupert, will liquefy and export natural gasproduced by Progress Energy Canada. Both companies are owned byPetronas, which secured its first LNG buyer, Japan Petroleum ExplorationCompany Limited (JAPEX). ■

QUEEN CHARLOTTE CITY – Residents of Haida Gwaii got a firsthandlook at the new designs for the Queen Charlotte/Haida GwaiiHospitalreplacementproject thisJune. Theproject’sbuilder,BouyguesBuildingCanada,was also on hand to answerquestions atthe community update meeting. The building, designed byPerkins+Will of Vancouver is aiming for LEED gold certification.“The Queen Charlotte/Haida Gwaii Hospital replacement project is

an important investment for British Columbians,” said Minister ofHealth Terry Lake. “Bouygues Building Canada’s architect partnerPerkins+Will has produced a fantastic design that will providefamilies of Queen Charlotte/Haida Gwaii with a modern facility thatwill serve their health care needs for years to come.”Bouygues Building Canada was selected as the preferred

proponent on June 19, and is currently working with NorthernHealth to finalize a design-build agreement to deliver the 17-bedhospital.The new hospital will house oncology services, diagnostic

imaging, laboratory, provision for public health, mental health andaddictions, and home and community care service, as well as localphysician and emergency services, pharmacy, administrative offices,food services and logistical services.Construction on the new facility is expected to begin this summer,

and be completed in the fall of 2015. The project will cost $50million. ■

Haida Gwaii Hospitaldesign unveiled

The $50 million Queen Charlotte/Haida Gwaii Hospital replacementproject will start construction this summer under the direction of

Bouygues Building Canada. Photo: Perkins+Will

China group plans $50M Nanaimo hotelNANAIMO – The City of Nanaimo has been trying to sell a prime hotel site next to its downtown convention centrefor years. The convention centre is long since complete, but the original hotel developer walked away and the citywas once offering the lot for $1 to any qualified hotel developer who would build. No takers.But in May, representatives from a Chinese group said the investors would build a $50 million, 200-suite hotel

with a rooftop restaurant on the city-owned vacant site. The company has also set aside $9 million as a deposit ina show of good faith to ensure the funds are available. This includes purchasing the land at an appraised value of$565,000 and leasing up to 200 parking spaces from the conference centre.The Nanaimo Economic Development Corporation (NEDC) has apparently been working on the plan with the

travel company for the past four months.Vancouver-based lawyer Perry Ehrlich presented the bid to council on behalf of SSS International Travel Co. Ltd.,

a Richmond subsidiary of Suzhou Youth Travel Services Co. Ltd.Suzhou Youth Travel is ranked 13th in the top 100 Chinese travel service companies, and is ranked first in the

Jiangsu province, where it is located. According to Ehrlich, the company posted $175 million in gross revenue in2012 and moves 41,000 tourists from China across the world each day. He said the company wants to addNanaimo as a destination on its routes.Nanaimo City Council is considering the proposal. ■


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AbbotsfordbuildingboomwanesVANCOUVER – The Abbotsfordconstruction pace continued to sizzlein April of this year but it may bewaning, cautions the VancouverRegional Construction Association(VRCA).Building permit values in

Abbotsford shot up 131 percent inApril 2013 – to $24.6 million –from March 2013, led by a jump of486 percent in residential permits,according to the Association.But, notes Jan Robinson, VRCA

interim president, “no publicpermits were issued in April, andgovernment permits will likely see adecline for the year since no majorproject is currently waiting in thewings.”One of the larger Abbotsford

projects, the 600,000 squareHighstreet retail centre, is completeand opens this summer.VRCA’s outlook for 2013 for

Abbotsford is mixed but slightlypositive, with total permits likely toremain below the past ten-yearaverage. Total building permitvalues in Abbotsford were down 4percent in the first four months of2013 to $56.2 million compared to$58.6 million in the same periodlast year.Meanwhile, total building permit

values rose 55 percent in the LowerMainland-Southwest region to$694.4 million in April 2013 from$447.8 million in March 2013. ■

BC housingstarts willrise slightlyHousing starts in BC are forecast tototal 27,100 homes in 2013 and28,500 homes in 2014, according toCanada Mortgage and HousingCorp.“Single-detached housing starts

are forecast to increase this yearand next. Multiple-familyconstruction levels are expected tomoderate in 2013, reflectingelevated inventories of new units,compared to a year ago,” notedCarol Frketich, CMHC’s BC RegionalEconomist.Existing home sales are forecast

to reach 69,300 units in 2013, upfrom 67,637 sales in 2012; and77,000 units in 2014. ■

Islandconstructionpicks upVICTORIA – Overall constructionactivity on Vancouver Islandincreased in the first quarter of2013 from the previous quarter.Employment, building permitsissued, and major projects madegains.Construction employment

climbed 8.4 percent in April to27,000 persons while buildingpermits issued more than doubledin March, rising to $113.4 millionfrom $53.4 million in February.Major projects under construction

rose 4.6 percent to $10.3 billion,according to Greg Baynton, CEO ofthe Vancouver Island ConstructionAssociation.Notable highlights during the

first quarter of 2013 include thesurge in commercial buildingpermits in Victoria which increased251 percent to $18.8 million overFebruary 2013 and the spike to$14.6 million in industrial permitsin Nanaimo.Public sector spending dropped

nearly 25 percent in the quarterwhile the smaller industrial sectorfell 36 percent.The overall outlook for building

permits in 2013 is for below-average performance since theregional economy and populationwill grow at a modest pace,Baynton forecast. ■

BC Transitgoes withbid systemKELOWNA – BC Transit has adoptedthe BC Construction Association’sBidCentral, a fully digitalprocurement and bidding system,opening its Kelowna RapidBusproject for bids.BidCentral provides a “fair and

open platform which maximizescompetition and opportunity forcontractors,” according to BCCApresident and CEO ManleyMcLachlin. ■

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LEGAL AFFAIRS

When sellinga business…Employee benefits – and beefs – become the new owners’ responsibilityby Robert Smithson

The sale of a business can have asubstantial emotional and practicalimpact upon the employees. The relatedlegal issues for purchaser and vendor,and for their lawyers, are no lesssignificant.Legally, the employment impacts of

the sale of a business are numerous andthey flow from both statutory sourcesand the common law. They can beproblematic, particularly when theexisting employees flow to thepurchaser of the business.Most commonly, these issues seem to

arise within a year or twoafter the purchase of thebusiness. Although thepurchaser often has theintention of keeping all theexisting employees, thingsdon’t always work out thatway.This is partly because

very little due diligence istypically done in relation toindividual employees.When a terminationinevitably happens soonafter the business ispurchased, there are questions as towhich party (the vendor or the

purchaser) will be liable to satisfy theemployee’s entitlements and as to theextent of those entitlements.These can be very expensive

liabilities and the question of who holdsthem should be a significant concern tothe parties at the time the business issold – both the vendor and thepurchaser surely are seeking certainty inthe transaction – ratherthan after the fact.Employment“continuous” after saleIn BC, our Employment

Standards Act deemsemployment to becontinuous upon the saleof a business. So, for thepurposes of the Act,employees who go towork for the purchaser do so with alltheir accumulated entitlements intact.Their employment is deemed to have

begun with their original date of hire,and their tenure remains unbroken forthe purposes of entitlements such as

vacation pay andseverance pay. Any otherclaims which theemployees had againstthe former employer (forinstance, for unpaidwages and overtime, andstatutory holiday pay) canalso be directed againstthe purchaser.The common law of

employment appliesconsistently throughoutCanada (with theexception of Quebec) and

is enforced by the civil courts. Its effect,generally, is to impose a number of

implied terms onto the employmentrelationship such as the entitlement toreasonable working notice in not-for-cause termination situations.The common law of employment

presumes the period of service to becontinuous through the sale of abusiness so, as in the statutory context,an employee’s period of service can

extend back beyond thepurchase date. This willbe a significant factor indetermining entitlementsat the time oftermination.The parties can

structure a purchaseagreement to curtail theperiod of service and toaddress responsibility for

common law liabilities (whether theyare to remain with the vendor or flow tothe purchaser). But, there areuncertainties in all of this.The civil courts have held, for

instance, that in certain circumstancesboth the purchaser and the vendor maybe liable to the employee. This willoccur when the contractual status of theemployee has not been adequatelydefined at the time of the sale.And, it is not uncommon at all for a

judge to decide that, notwithstandingthe purchase of a business, anemployee’s period of service – for legalpurposes – goes back to his or heroriginal date of hire.For the vendor of a business to be

certain that it does not retain liabilityfor common law wrongful dismissaldamages, it must establish a “novation”of contract. A novation has beendescribed as a trilateral agreement by

which an existing contract isextinguished and a new one withanother party is brought into being.The risk that a civil court will not

agree that a proper job was donemeans that there is no guaranteedmethod of ensuring which of theparties to the transaction willhold liability. To address thisuncertainty, thebest the partiescan do is buildacceptableindemnificationsand hold-backs intothe purchaseand saleagreement.All of this

suggests to methat parties toa businesstransactionshould involveemployment lawyers earlierrather than later. It alsosuggests to me that everyoneinvolved should recognize theuncertainty of the situation andprotect themselves fromunwanted liabilities. ■

Robert Smithson is a labour andemployment lawyer, and operatesSmithson Employment Law in Kelowna.For more information, visitwww.smithsonlaw.ca. This subjectmatter is provided for generalinformational purposes only and is notintended as legal advice.Robert Smithson

“The employmentimpacts of the

sale of a businessare numerousand they flow

from bothstatutory sources

and thecommon law.”

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Roofing BC, Summer 2013

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Transcript of Roofing BC, Summer 2013