The Saskatoon. CSC Saskatoon Presents. Upcoming Events. In this Issue. October/November Bus Barns Tour. Nov 07. Noon Luncheon Topic TBD.

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1 The Saskatoon October/November 2017 CSC Saskatoon Presents Upcoming Events Nov 07 Dec 07 Jan Bus Barns Tour Noon Luncheon Topic Feb Mar Apr May If you have suggestion for future CSC events please your ideas to our Programming Officers In this Issue 1 -Events 2 - Chapter Director s Message 3 Member Congratulations 4 -Sponsors 5 -Legal Article 6 Education Opportunities 7 -Membership and About Us 8 - Executive Committee Contacts

2 Chapters Director s Message Hello CSC Saskatoon Chapter, IreturnedfromourChapterDirectorsmeetingafewweeksagoandI mhappytoreportweareingoodhands at the national level. Our local chapter is aligned with CSC across Canada and we are committed to delivering progressive education, certification, publications and professional networking opportunities for the design and construction community. We touched on the absolute success of the 2017 Kelowna Conference(hosted by the Vancouver Chapter), andhowthehostchapternotbeingthelocationoftheeventcouldopennewvenueoptionsforfutureannual conferences. On the annual conference note, Ottawa has been selected for Through various strategies, important aspects of our CSC will continue to be improved. These include Marketing, Communication, Membership, Education, and Certification. An exciting discussion occurred on the emphasis of recognizing our Life members and those within the College of Fellows. These members have contributed and helped shape CSC and our industry. Let s celebratethathardwork! Asarecaponourveryownlocalawardsrecipients: -BobW.Spenst,CTR,CCCAhasbeenselectedasanewmemberintheCollegeofFellows - BradSmithandJennyDergousoffhavebeenawardedthe2017ChapterAwardofMerit Congratulations to these Chapter Members who still make the time to support our Chapter. Overall, I was impressed with the communication and participation in the matters on hand at the Director and AssociationlevelofCSC.IlookforwardtoattendingtheBoardMeetingsinMarchof2018. Ialsolookforward to working with our local Executive and Membership to ensure our Saskatoon Chapter is a welcoming and valued association for you. Brennen Mills, Chapter Director Featured Sponsor csc-dcc.ca saskatoon.csc-dcc.ca The Saskatoon Specifier October 2017 Page 2

3 Congratulations! One of our very own CSC members, Bob Spenst, was recently inducted into the CSC College of Fellows. The ceremony was held this past summer at the annual conference in Kelowna, and was included in the July 2017 issue of Construction Canada Magazine. In addition to being a local chapter member, Bob also serves on the CSC Saskatoon Executive. Below is the write up that was included in the article. Bob W. Spenst, CTR, CCCA A strong proponent of educational programs, Bob Spenst has worked tirelessly for the betterment of the association at the national level with the board of directors, as well as the Certified Technical Representative (CTR) and Certified Construction Contract Administrator (CCCA) Education Subcommittees. At the chapter level, he serves as a great CSC ambassador to the local Saskatoon construction industry. Spenst was among the first group of members to achieve both CTR and CCCA designations, showing his commitment to the association s education and certification courses. He has also participated in the DACUM curriculum-development process that established the content of the educational topic material in the re-envisioning of those two education programs. His various Saskatoon Chapter executive positions have included chair, vice-chair, and trade officer; during his tenure, his group took home the Lloyd Boddy Award for Chapter of the Year. Congratulations to the following individuals on having recently Featured Sponsor achieved their Certified Technical Representative (CTR) designations! Tyler Grabowski Penwest Sales Inc. Jason Farthing Brock White Construction Materials Advertising The Saskatoon Specifier offers the opportunity to advertise your business here and gain exposure throughout the Saskatoon to a wide cross-section of the construction industry. Full page and half page spaces are currently available. To place your ad in the next issue, please contact the newsletter editor at Wade.Klassen@KAA.ca, or at Ad Rates Half page ad (Single issue): Full page ad (Single issue): CSC MEMBER $35.00 (GST incl) $50.00 (GST incl) NON-MEMBER $45.00 (GST incl) $60.00 (GST incl) Send cheques made payable to the Saskatoon CSC Chapter to: Kelly Boldt - CSC Saskatoon Treasurer c/o Catterall & Wright Consulting Engineers th Street East, Saskatoon, SK, S7H-0S5 csc-dcc.ca saskatoon.csc-dcc.ca The Saskatoon Specifier October 2017 Page 3

4 Sponsors Please consider supporting these local businesses csc-dcc.ca saskatoon.csc-dcc.ca The Saskatoon Specifier October 2017 Page 4

5 Legal Article To Terminate or Not to Terminate: that is the question by Jared D. Epp, Robertson Stromberg LLP Recently, an Ontario judge, in Atos IT Solutions v. Sapient Canada, was asked to consider whether a termination of a subcontract was valid. The stakes were high as the subcontractor, Siemens, who had been hired to replace a complex software system, claimed damages for wrongful termination of contract in an amountexceeding6milliondollars.thekeyfactsinthecasewere as follows: 1. The subcontract was signed on June 4, being cured such that the subcontract was being terminated effective immediately. 1. On June 30, 2009 Sapient executed a new contract with theownertoprovideanumberofservicesthatwerewithin Siemens original work scope. On that same day, the owner also approved and paid Sapient almost 8 million dollars for workperformedtodate.sapientpaidnoneofthismoneyto Siemens. 2. Throughout the duration of the project, numerous issues were raised by the general, Sapient, with Siemens work, including issues relating to lack of manpower, poor workmanship and delay. 3. InApril2009theownerandSapientbegantorenegotiatea portion of the prime contract that covered Siemens work scope. 4. On June 26, 2009 Siemens sent a notice to Sapient requesting that the parties attempt to discuss some of the issues on site that the parties were experiencing pursuant to the dispute resolution provision in the subcontract. Although this provision did not contain anything like a binding arbitration clause, it did require the parties to resolve their disputes by initially engaging in some informal discussions and negotiations. 5. On June 29, 2009 Sapient provided Siemens with a letter giving Siemens formal notice that Sapient was terminating the subcontract for material breaches pursuant to section 17.2: 17.2 Sapient may terminate this Agreement for cause by providing notice to Subcontractor of such termination if: Subcontractor commits a material breach of its obligations under this Agreement and, subject to Section , fails to cure such breach within 30 days of receipt of notice of such breach by Subcontractor provided that Sapient's sole termination rights with respect to Subcontractor's failure to achieve Application Support Service Levels will be set out in Schedule 8.1; Subcontractor commits a material breach of its obligations under this Agreement and such breach is not capable of being cured; Sapient exercises its rights of termination pursuant to any provision of this Agreement(including its Schedules) that provides for a specific termination right of Sapient. Sapient stermination notice went on to say that the quality control issues on site were simply incapable of 2. Sapient then sued Siemens for wrongful termination of the subcontract. Siemens counterclaimed for damages arising for delay. In considering whether or not the termination of the subcontract was lawful, the judge paid particular attention to the fact that the termination notice was served by Sapient only three days after Sapient had received a request from Siemens to use the dispute resolution provisions in the subcontract. The judge also reviewed a number of internal s exchanged between employees of Sapient. Many of these s suggested that Sapient, in deciding to terminate the subcontract, was primarily motivated to improve its financial position with the owner in the prime contract as opposed to genuine concern about Siemens contract performance. Based on these two factors, the judge concluded that the subcontract had been terminated by Sapient in bad faith. Sapientthentriedtoarguethatithadarighttoterminateatleast a portion of Siemens work scope on the basis of a different subcontract clause, section 17.4, which gave Sapient a right to terminate a certain work scope, immediately, without cause. However, the first time this clause was raised or mentioned was infrontofthejudge. Although section 17.4 might have given Sapient the ability to terminate a portion of the work scope without cause, the judge wasn t prepared to let Sapient now rely on it. As the judge believed that Sapient fully intended to terminate its entire subcontract with Siemens for cause, it was no longer open to Sapient to rely on the termination for convenience provision. Although the judge did reduce the amount of money that Sapient needed to pay Siemens to account for some responsibility for delay, Siemens still walked away with a judgment worth more than $6,000,000. Someofthekeylessonsandremindersthatmightbetakenaway from this case are: 1. Choose when and which provision you rely upon to terminate a contract wisely. Trying to prove cause, when you have a convenience clause, may be more effort than it s worth. 2. Be careful what you type. Your internal s are disclosable in a lawsuit. One of the key pieces of evidence in this case were the s from the general contractor that showed the real reason why the sub was being terminated. These s had a big impact on how this case was decided. csc-dcc.ca saskatoon.csc-dcc.ca The Saskatoon Specifier October 2017 Page 5

6 Upcoming Education Opportunities csc-dcc.ca saskatoon.csc-dcc.ca The Saskatoon Specifier October 2017 Page 6

7 Membership in CSC In the construction industry s fast-paced environment, the need for and value of Construction Specifications Canada is greater than ever. CSC brings together individuals from all segments of the construction industry. All who have a vested interest in Canada s largest industry are invited to join CSC. When you join CSC you become a part of the only association that brings together professionals from all aspects of the construction industry. CSC offers members of the Design Teamthe opportunity to meet with other members and exchange information. It also affords you the chance to help improve technology and its management, and the means to improve ways in which your ideals are translated into clear, concise and complete documentation. If you are a member of the Building Team, Construction Specifications Canada offers you the opportunity to become involved in formulating specifications. Your valuable input into the programs can help generate time and cost savings as well as improve performance of the building process. The multi-disciplinary composition of CSC allows members of the Supply Teamto meet with other members of the construction team. CSC programs in data filing and information retrieval are geared to present convenient and concise information on your products for proper evaluation and specification. If you are astudentof architecture, engineering or construction technology, CSC will provide you with greater exposure to and a better understanding of the Construction Industry, giving you an excellent opportunity if you plan a career in the construction field. For More Information on Membership please see the Contact Us For More Information Section on the last page. About Us Our Mission Construction Specifications Canada (CSC) is a national multi-disciplinary, non-profit association with chapters across Canada. CSC is committed to ongoing development and delivery of quality education programs, publications and services for the betterment of the construction community. To this end, CSC pursues the study of systems and procedures which will improve the coordination and dissemination of documentation relevant to the construction process. CSC Seeks to enhance the quality of the design and management aspects of construction activity through programs of publication, education, professional development, and certification, believing that in so doing it can best contribute to the efficiency and effectiveness of the industry as a whole. Our Vision That Construction Specifications Canada is the construction community s first choice for quality documentation, education and networking. Our Values and Core Beliefs Quality, Professionalism, Teamwork, Integrity, Openness & Innovation csc-dcc.ca saskatoon.csc-dcc.ca The Saskatoon Specifier October 2017 Page 7

8 2017 / 2018 Executive Committee Chapter Director Brennen Mills (306) b.mills@fireandflood.ca Chapter Chair Amber Moar (306) amber.moar@spiritsd.ca Chapter Vice-Chair Brad Smith (306) bsmith@henrydowning.ca Education Officer Jenny Dergousoff (306) jenny.dergousoff@stantec.com Interiors Officer Carolyn Saganaski (639) saganski.carolyn@gmail.com Membership Officer Carolyn Saganaski (639) saganski.carolyn@gmail.com General Contractor Officer Brennen Mills (306) b.mills@fireandflood.ca Member at Large Rick Kalenchuk, CCCA (306) rick.kalenchuk@hotmail.com Engineering Officer Trevor Knoll (306) trevor.knoll@robb-kullman.com Secretary/Treasurer Kelly Boldt, CSP (306) k.boldt@cwce.ca Programming Officer Amber Moar (306) amber.moar@spiritsd.ca Newsletter Editor Wade Klassen (306) wade.klassen@kaa.ca Member at Large Bob Spenst, CTR, CCCA (306) smpmetalsystems@gmail.com Facility Manager Officer Daryl Cherry (306) daryl.cherry@usask.ca Legal Officer Misty Alexandre (306) m.alexandre@rslaw.com Co-programming Officer Tyler Grabowski (306) tyler@penwestsales.com Specifications Officer Vacant Architectural Officer Vacant Member at Large Cory Rodych (306) coryr@cpdist.ca Contact Us For More Information Contact any member of the executive listed above. Attend one of our regular lunch meetings. Visit the association website at Visit our local chapter website at saskatoon.csc-dcc.ca. Our mailing address Construction Specifications Canada Saskatoon Chapter PO Box 7273 Saskatoon, Saskatchewan, S7K 4J2 csc-dcc.ca saskatoon.csc-dcc.ca The Saskatoon Specifier October 2017 Page 8