INDUSTRY NEWS
News Pile
CCA displeased by Supreme Court of
Canada decision to dismiss appeal
on use of reprisal clauses in B.C.
The Canadian Construction Association
(CCA) is displeased to learn that the
Supreme Court of Canada has dismissed
an appeal brought forward by
contractor, J. Cote & Son Excavating.
The December 2019 decision effectively
upholds the use of “reprisal
clauses” in tender documents. The
clause used by the City of Burnaby
against J. Cote & Son Excavating stated
that the city would not accept tenders
from any party that is, or has been
within the last two years, involved in
legal proceedings initiated against
Burnaby arising out of a contract for
works or services.
“The clause effectively forces consultants
or contractors who may
have a dispute with the city to choose
between pursuing their legal rights
and bidding on city contracts for the
next two years,” said Mary Van Buren,
CCA president.
This ruling has serious implications
for contractors; it condones placing
contractors on a two-year blacklist
that bans them from bidding on
city projects.
“The inclusion of these types of
clauses in contracts essentially allows
contractors to be financially punished
for exercising their legal rights,” said
Van Buren. “The result is contractors
are deterred from accessing the courts
to enforce their legal rights because
they fear being banned from future
participation in projects.”
The decision by the Supreme Court
of Canada effectively means that there
is no constitutional barrier to municipalities
using reprisal clauses. CCA will
continue to closely monitor any developments
as the association believes
this case ruling could have major implications
for the construction industry in
all of Canada.
Soilmec’s Blue Tech line and the SR-75
The SR-75 is the first model of Soilmec’s
new Blue Tech line. One of its design
hallmarks is on the environmental
aspects. The most critical part of the rig
involved the duty-cycles and was carefully
redesigned with a coherent and
balanced overall approach related to
efficiency and emission reduction.
The new set-up saves fuel – up to
about 10 litres (2.6 gallons) – per hour
and time during the working cycle. The
electrical system was implemented
with 2.0 technology and the hydraulic
system has been simplified. These solutions
merged with the proportional
controls and the smart positioning of
hydraulic components led to improved
response and better calibrated controls
of hydraulics for smoother
rig operations.
Higher force and speed on the crowd
system increased the rated torque on
the rotary head, up to 281 kNm of rated
value, and a new heavy-duty main
winch allow the SR-75 Blue Tech to get
the best mechanical performance in
the toughest conditions.
The SR-75 Blue Tech is equipped with
industry cutting-edge technologies.
The DMS 4.0, with a simple navigation
menu and intuitive interactive graphics,
help the operator in day-to-day
drilling planning and execution. The
many new functions, most are automatic,
help minimize downtime and
maximize productivity by making the
rig easy to set up and use from the comfort
of the cab.
Easy and quick conversion kits and
packages lets organizations customize
a SR-75 Blue Tech that’s perfect
for their working needs. Thoughtfully
curated solutions and option packages
improve the SR-75 Blue Tech productivity
and operating flexibility to a high
degree in all piling and soil consolidation
techniques.
DFI Educational Trust and
Terracon Foundation announce
a new scholarship fund
DFI Education Trust and the Terracon
Foundation announced the establishment
of the DFI Educational Trust/
Terracon Consultants Scholarship
Fund, which will provide scholarships
to engineering students attending any
U.S. college or university. The endowment
was established through a
PHOTO: SOILMEC
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