Roy A. Nieuwenburg
 



Direct Tel. (604) 643-3112
Email ran@cwilson.com
 
  
  
  
  
  
  
 
  

Print Publications
& Seminars



  
  
  
  

  
  
  
 

800 - 885 West Georgia Street
Vancouver B.C. V6C 3H1
Main Tel. (604) 687-5700
Fax (604) 687-6314

www.cwilson.com

Publications and Seminars

Seminars and Speaking Engagements

"Construction Changes", Clark Wilson LLP Seminar [March 23, 2007]

"Construction Management", Clark Wilson LLP Seminar [November 17, 2006]

"CCDC 2", Clark Wilson LLP Seminar [February 10, 2006]

"Construction Contracting", Buildex Vancouver, BC Construction Show & Design Northwest [February 8-9, 2006]

"Meltdown on Site", Clark Wilson LLP Seminar [January 13, 2006]

"Managing Construction Risks: Through Contracts and Insurance" for B.C. Risk and Insurance Management Association (BCRIMA) [February 16, 2005]

"Construction Management at Risk", Clark Wilson LLP Seminar [January 14, 2005]

"Construction Law: The 20 Minute Mentor" for the Continuing Legal Education Society of British Columbia [November 25, 2004]

"Bidding and Tendering and the Sale or Lease of Commercial Real Estate" for Colliers International [November 4, 2003]

"Staying Alive in the RFP Jungle" PMAC Whistler Workshop [October 1-3, 2003]
- Segment "RFP was a ‘Beauty Contest’ – Not a Tender"

"Procurement, Tendering and Construction Issues – Limiting Litigation Risk" for Canadian Association of University Solicitors Conference [September 18-20, 2003]; Co-presented with University of British Columbia

"Construction Contracting for Public Entities in British Columbia – Bid Evaluation and Award – UBC Standard Construction Documents Interactive Workshop" [June 19, 2003] [referred to in Canadian Bar Association Mid-Winter Meeting 2004, "Developments in Commercial Law – Tendering and Requests for Proposals"]

"Understanding the CCDC 2 – Stipulated Price Contract" [April 3, 2003]

"Construction Contracts for Small Jobs / Short Form Construction Contracts" [October 20, 2000]

"Instructions to Tenderers and Tender Submission Forms – Minimizing the Prospect of the Contract Award Being Challenged" for Public Buyer’s Group [March 28, 2000]

"Contracting and Construction Law Workshop" for Vancouver International Airport Authority [September 22, 1998]

"The Holdback Account under the Builders Lien Act"; "Payment Certifiers and Substantial Completion"; "A Guide to the Builders Lien Act, SBC 1997, c.45" [November, 1997]

"Builders’ Liens Seminar" [September 26, 1995]

"Buying Time" as part of seminar presented by National Education Consulting Inc. in cooperation with the Purchasing Management Association of Canada [March 16, 1995]

"Nominee Held Property: Loans to Bare Trustees" for Toronto Dominion Bank [April 27, 1994]

"Tendering and Purchasing Seminar" for Vancouver International Airport Authority [March 1, 1994]

"‘Share Deals Versus Asset Deals’ Tax and Other Considerations" for Colliers Macaulay Nicolls Inc. [August 1991]

"Joint and Several Debentures", Banking Law Section, Canadian Bar Association [1988]

"Acquisitions and Divestitures - Structure and Financing, and Closing the Deal" Corporate Financing Seminar [1988]

"Mortgages: Advanced Topics – Priority for Further Advances" [1987]; [reproduced June 1991 for Continuing Legal Education of British Columbia]

"Mortgages: Advanced Topics – Special Credit Facilities" for Continuing Legal Education of British Columbia [1987]

"Mortgages: Advanced Topics – Assignment of Rents" for Continuing Legal Education of British Columbia [1987]

"Buying and Selling Hotels" for Hospitality Accountants Organization [1986]

Publications

“FOI and Procurement: Case Highlights, 1995 to 2005, The Legal Edge, June-July 2007", Reprinted, Procurement and Contract Management Program (PCMP), Province of British Columbia (www.procurementlearning.gov.bc.ca), [Course Materials 2007]

"Commentary: Outcome of Adjudication Between Owners and Bidders Hard to Predict", The Lawyers Weekly [February 23, 2007]

"It's Foggy Out There, So Dress For It", Legal Framework [February 2007]

"Double N Earthmovers Ltd. v. City of Edmonton: Outcome of adjudication between owners and bidders hard to predict", The Lawyers Weekly [February 23, 2007]

"'At Risk' Construction Management", Construction Business [September/October 2006]

"The perils of tendering for real estate are not always appreciated", The Lawyers Weekly [June 30, 2006]

"City Limits: BC Courts limit what city may require from developer", Construction Business [January/February 2006]

"BC decision helpful for developers", The Lawyers Weekly [December 2005]

"Court Limits What City May Require From Developer; BC Supreme Court Decision Now Affirmed By Court Of Appeal", Legal Framework [December 2005]

"Colleges, Institutes and University Foundations not Required to Comply with Municipal Land Use Requirements", Campus Counsel [December 2005

"Spring Cleaning: Good News for Brownfield Developers", BCRE Links.com [May, 2005]

"Court Limits What City May Require From Developer: BC Supreme Court decision now affirmed by Court of Appeal", BCRELinks.com, [March 18, 2005, Updated August 18, 2005]

Legal Comment to article entitled "A Lawyer's View of Lease Audits", The Legal Edge [December/January, 2005]

"At Risk" Construction Management, Legal Framework [June, 2004]

"Crystalline Investments Ltd. v. Domgroup Ltd. – Here’s What It Means", Financing Statements [February 5, 2004]

"Elite Bailiff Services Ltd. v. British Columbia, BC Court of Appeal, March 2003", Construction Law Update [June, 2003]

"Questions and Answers about Procurement Reform in British Columbia" (co-authored with Kathryn Murchie), Legal Framework [July, 2002]

"No "Contract A" If You Say So Clearly" – Case Comment – Maple Ridge Towing v. Districts of Maple Ridge and Pitt Meadows, BC Supreme Court, September, 2001, Legal Framework [March 2002]

"Receipt of Confidential Information", Campus Counsel [December, 2001]

"Discrimination Policies: Do you have to do business with someone who is suing you? Sound Contracting Ltd. vs. City of Nanaimo, judgement dated December, 2000", Campus Counsel [July 2001]

"BC Court of Appeal Speaks on Tendering – Midwest vs. BC Gas Case", Legal Framework [May 2001]

"No duty of fairness owed to non-compliant bidder", The Lawyers Weekly [March 16, 2001]

"Does the award have to go to the lowest bidder? City of Nanaimo v. Sound Contracting", Legal Framework [September 2000]

"The ‘Privilege Clause’ in construction tender documents – Supreme Court of Canada decision in M.J.B. Enterprises v. Defence Construction Ltd.", (co-authored by Bruce Gleig), Legal Framework [May 1999]

"Tender Tidbits – Common Sense and the Common Law; Calculation Error in Bid; Bradscot (MCL) Ltd. vs. Hamilton-Wentworth Catholic District School Board, 1999, Ontario Court of Appeal", Legal Framework [Fall 1999]

"Tender Tidbits – Release of Claims as part of Contract A – Ken Toby British Columbia Court of Appeal Decision", Legal Framework [Fall 1999]

"The ‘Privilege Clause’ in Construction Tender Documents", (co-authored by Bruce Gleig), The Legal Edge [Issue 25; May–June 1999]

"The Holdback Account Under The Builders Lien Act", [September, 1998]

"Recent Bonding Experiences: Benefits and Limitations", The Legal Edge [Issue 7; January 1996]

"Outsourcing and Letters of Credit", The Legal Edge [Issue 9; June 1996]

"Confidentiality Obligations – Buyer Beware", Legal Framework [August 1996]

"Confidentiality Obligations – Buyer Beware, Pharand Ski Corporation v. Province of Alberta, Alta. Ct. of Queen’s Bench (1991) 5.B.L.R. (2d) 3", The Legal Edge [Issue 4; April 1995]

"Builders Lien Issues Can Feel Like Thin Ice", Journal of Commerce [May 22,1995]

"Builders Liens - Holdbacks and Liens: Misconceptions and Mysteries", Legal Framework [May 1995]

"Consultants’ Estimates: Are They Legally Binding?", The Legal Edge [Issue 5; June 1995]

"Expiry of Transition Grace Period – Personal Property Security Act", [September 30, 1993, October 1992]

"Social Host Liability", INNFOCUS Magazine [1992]

"Shrewd Move or Bad Faith?", Writ & Word [Spring 1992]

"Interest Payment Provisions – The Bank of Nova Scotia v. Dunphy Leasing Enterprises Ltd. – court rules standard interest payment provision invalid", [June 1990]

"Issues regarding Payment and Calculation of Interest", Legal Alert [February 1987]

"Buying and Selling your Hotel – Some Basic Considerations", [1987]

"Know Your Rights", [February 1987]

"Introduction to the Proposed Personal Property Security Act, British Columbia", [August 1988 and PPSA Alert, December 1992]

"Mortgaging your Home" for Know Your Rights column, West Ender [1988]

"Variable Interest Rates: Impact of Variable Interest Rates on Bills of Exchange and the Certainty of "Prime Rate" as a Rate of Interest", [May 13, 1985]

"Registration of Renewal or Modification Agreements which Increase the Interest Rate Payable Under A Mortgage", [February 1985]

"Priority of Equitable Mortgages – Deposit of Duplicate Certificates of Title", [September 1985]