AAA ACEC ACEC 31 AIA AIT AOD APEGBC APEGGA APEGS ASCE BCCA BCCA 200 CCA CCA 14 CCA 17 CCAS ccDC ccc 2 CCDC 23 CCDC 220 CCDC 221 ‘American Arbitration Association Association of Consulting Engineers of Canada ‘ACEC Prime Agreement between Client and Engineer American Institute of Architects ‘Agreement on Internal Trade Association of Owners and Developers Association of Professional Engineers and Geoscientists of British Columbia Association of Professional Engineers, Geologists, and Geoscientists of Alberta Association of Professional Engineers and Geoscientists of Saskatchewan American Society of Civil Engineers British Columbia Construction Association BOCA Subcontract Canadian Construction Association CCA Design-Build Stipulated Price Contract CCA Stipulated Price Contract for Trade Contractors on Construction Management Projects CCA Construction Management Contract Canadian Construction Documents Committee CCDC Stipulated Price Contract CCDC Guide to Calling Bids and ‘Awarding Contracts CCDC Performance Bond CCDC Bid Bond CCDC 222 CDC 3 ccDc 4 CCPE CCPG CEAA CEPA CGL Insurance cas CHSR ciM cr cLc cM cpp CPM CSA CSA csc CSCE CSME, DBIA DMCA CCDC Labour and Material Payment Bond CCDC Cost Plus Contract CCDC Unit Price Contract Canadian Council of Professional Engineers Canadian Council of Professional Geoscientists Canadian Environmental ‘Assessment Act Canadian Environmental Protection Act Commercial General Liability Insurance ‘The Canadian Geotechnical Society Canada Health and Safety Regulations Canadian Institute of Mining Canadian International Trade ‘Tribunal Canada Labour Code Construction Management Canadian Portland Cement Association Continuing Professional Development Critical Path Method Canadian Standards Association Canadian Securities Administrators Construction Specifications Canada Canadian Society for Civil Engineering Canadian Society of Mechanical Engineering Design-Build Institute of America Digital Millennium Copyright Act (US.)DRP B&O Insurance BIT BSA FIDIC cc GMP Gsc GsT ICE IEEE 1sO IsP L&M Bond NABTA NCARB NCEES Dispute Resolution Process Errors and Omissions Insurance Engineer-in-Training Environmental Site Assessment International Federation of Consulting Engineers General Condition Guaranteed Maximum Price Geological Survey of Canada Goods and Services Tax Institute of Civil Engineers Institute of Electrical and Electronics Engineers International Organization for Standardization Internet Service Provider Labour and Material Payment Bond North American Free ‘Trade Agreement National Council of Architectural Registration Boards (U.S.) National Council of Examiners for Engineering and Surveying (US.) NI OHss PEng. PFI PIPEDA PPP or P3 RAIC RAIC Document 6 RAIC Document 7 REP REQ RRSP Vmail WCB WORM, wro List of Abbreviations | xv National Instrument Occupational Health and Safety Professional Engineer Privately Financed Initiative Personal Information Protection and Electronic Documents Act Public Private Partnershi Royal Architectural Institute of Canada Canadian Standard Form of Contract for Architectural Services Canadian Standard Form of Contract for Architectural Services (Abbreviated Version) Request for Proposals Request for Qualifications Registered Retirement Savings Plan Voice Mail Workers’ Compensation Board Write Once Read Many World Trade Organization‘This text is intended to provide the following: 2) abroad overview of areas of the law relevant to the practice of architecture, engineering, and geo- science ) practical, rather than theoretical information ©) sufficient background to allow the reader to identify legal issues 4) simple, easy-to-follow language ‘This text és not intended to do the following: 4) make lawyers out of and thereby ruin perfectly good architects, engineers, and geoscientists 1b) bea Masters level thesis on any of the subjects, since most if not all ofthe topics have multiple full-length texts written about them 6) eliminate the need to seek appropriate legal advice 4) be complicated and confuse the reader “The title of this text is Practical Law of Architecture, Engineering, and Geoscience. However, the intended audience of this text is not limited to architects, engineers, and geoscientists. Contractors, technicians and technologists, lawyers, suppliers, project managers, construction managers, soft- «ware professionals, and others may benefit from reading the text. ‘One of the risks of creating a text that is a broad overview is that the explanations in most areas are necessarily brief and do not contain the level of detail that would be found in comprehensive legal texts, However, the 50 000 pages ot more of text that would be required to cover each subject area in detail would not meet the goals set out above. Therefore, readers must recognize that this text is not intended as a substitute for legal advice. Legal problems are fact-specific, meaning that a slight change in the facts can often lead toa different conclusion. Furthermore, the law clifers from one jurisdiction to another and changes over time. Non-lawyers should obtain specific advice for specific legal problems and should not attempt to act as their own counsel. Tt has been said that ignorance of the law is no excuse. The time is passed when architects, engi- neers, and geoscientists could rely upon technical competence in their field and ignore the law. For these professionals, the likelihood of being involved in a lawsuit, whether as plaintiff or defendant, is much greater now than in the past. Since the cost of prosecuting, defending, and setting claims can be high, recognizing and preventing potential legal problems early is important, Moreover all profes- sionals need to know the basics of contract law so that they can negotiate appropriate agreements. ‘Many chapters in this text apply equally to all professions. For example, the basic principles of con tract law and negligence, and property law and business organizations are as applicable to architecture as to engincering and geoscience. However, other portions ofthe text will be more useful to some pro- fessions than to others. For example, geoscientists may want to pay particular attention to the section ‘on geoscience agreements (Section 11.5), and Chapter 25, which covers the disclosure requirements for professionals involved in mining and oil and gas exploration, As another example, Chapter 18 on construction liens and Section 10.4, which explains the tendering process, will be of more interest to architects and others involved in building construction. {Teas aso eon said thatthe statement does nt apply to ral court Judges who have court of apes to coreet thelr erors for them.Preface | xvii Supplements Practical Law of Architecture, Engineering, and Geoscience, Canadian Edition, is accompanied by a complete supplements package: = _Instructor’s Resource CD-ROM (0-13-200321-X): All the supplements that instructors need to teach and test their students are now available on an easy-to-access CD-ROM. Instructors can view the supplements on their computers or print them out, = Instructor’s Manual (0-13-200324-4): The Instructor’s Manual features answers or notes to all the questions in the textbook, brief case summaries, teaching suggestions, and additional questions for discussion along with suggested answers. Test Item File (0-13-200323-6): A comprehensive test bank of various types of questions has been prepared in Word to accompany this Canadian edition. The questions are rated by difficulty level, are given a skill value of recall or applied, and include page references to the text, = PowerPoint Slides (0-13-200322-8): Electronic slides are available in Microsoft PowerPoint, The slides illuminate and build on key concepts in the text. & Companion Website (0-13-200319-8): Practical Law of Architecture, Engineering, and Geoscience, Canadian Edition, is supported by an excellent Companion Website (www.pearsoned.ca/samuelssanders) that truly reinforces and enhances the text material. The Companion Website includes practice questions, key terms and concepts, sample con- tracts, and links to relevant websites, Acknowledgments The manuscript for this book was reviewed at various stages of development by a number of academic and professional peers from across Canada. We wish to thank those who shared their insight and constructive criticism of this manuscript. A.J. Schuld, Association of Professional Engineers, Geologists, and Geophysicists of Alberta Dave ‘Tamblyn, Mohawk College C, Petrone, Confederation College Mohamed Al-Hussein, University of Alberta Thomas Froese, University of British Columbia Oliver Bonham, Association of Professional Geoscientists of Ontario Gillian Pichler, Association of Professional Engineers and Geoscientists of British Columbia Richard A. Rennie, University of Victoria R. Bruce Reynolds, Borden Ladner Gervias LLP Brian S. Shapiro, Shapiro Hankinson & Knutson, University of British Columbia W. Scott Dunbar, University of British Columbia Michael R. Price, Professional Engineers Ontario At Pearson Education Canada, we are grateful for the support and dedicated efforts of Gary Bennett, Michelle Bish, Eleanor MacKay, Laura Neves, Nancy Mucklow, and Christine Kwan.