Weekly Poll for October 16, 2009
The CEO of EllisDon has proposed a subcontractors’ Bill of Rights.
Is a ‘bill of rights’ necessary to protect subcontractors?
Comments
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8. October 29, 2009 — I was absolutely blown away by Geoff Smith’s article which elevates him way above his peers.
I commend him for his highly ethical stance which is, unfortunately, almost unheard of in the contracting side of the industry. Every day we hear tales of underhanded dealings, price fixing, collusion, breach of trust and blatant, outright banditry.
How refreshing to hear such a commitment to ethical practice coming from a renowned Captain of Industry. I am certain that EllisDon’s clients will be comforted that they are represented by a company with such high values.
I am sure I am reflecting the sentiments of the majority of the Professional Quantity Surveyors in Canada who live and operate under their own a strict code of ethics.
Well done Geoff. Respond to this comment
Ian B. Duncan, President, Canadian Institute of Quantity Surveyors
7. October 26, 2009 — Re: Non-payment
We are in the same position. My question to the industry is this: Who enforces the "statutory declaration" stating suppliers and subs have been paid? What is the point of even filing that document? Respond to this comment
Linda, Austin Carroll Pool Construction, Oakville, Ontario
6. October 26, 2009 — Congratulations to Geoff (Smith) for having the guts to stand up and put into writing the greatest nemisis to our industry. The games being played at the time of tender and the price shopping will eventually put the entire industry at risk where the stupidest price wins the project. The project can only be done by cutting corners, sacrificing quality, trying to nickel and dime your customer at any chance one gets and through claims for anything one can dream up. It is also time that the age old issues of backcharges was addressed and dealt with in a fair and equitable manner. Thanks Geoff for saying what needed to be said. Respond to this comment
Joe Fabing, President, Nexlevel Construction Solutions Inc.
5. October 26, 2009 — Subcontractors play a vital role in the infrastructure development activities of Canada. They should have the right to be honoured. Respond to this comment
Shaharul Alam, Graduate in Civil Engineering, Toronto
4. October 22, 2009 — We have been waiting on payment from a general contractor since May. They have kept promising “next week” for months. I have just now read that they have received “substantial completion” on the project for which we are owed. To date we have not been paid. As we all know, the last payment is our profit and financing for the next project. Something needs to be done. Respond to this comment
Linda
3. October 21, 2009 — A subcontractor’s Bill of Rights is an absolute necessity. I have worked on many projects for EllisDon. In my opinion, if a subcontractor’s bill of rights is adopted, it should be drafted in such a way as to protect EllisDon from the unsafe practices that subcontractors bring onto the work site. A Bill of Rights obviously has to include a safety program that protects EllisDon from any liability in regards to accident or injury that a subcontractor may incur. However, the best written Bill of Rights will not be able to do that unless the person who is given supreme authority to implement and enforce a good safety program on any given site, does so in the manner it was designed to be effective. Respond to this comment
Ronald Champagne, Labour Foreman, Vancouver, B.C.
2. October 21, 2009 — May I extend my gratitude to Geoff Smith of EllisDon for bringing to light some very serious issues in his “Subs Bill Of Rights”. As a manufacturer/supplier and a subcontractor, my company has multiple outstanding accounts for various general contractors that has reduced working capital significantly. Backcharges abound from poorly organized GCs attempting to pass the buck for their own oversights.
It is applaudable that a company of EllisDon’s stature has backed a proposal such as this one. With more major players involved, perhaps this nod to common sense can be come a reality and a small step towards the complete overhaul the construction tendering/award process in Canada so sorely needs. Respond to this comment
Alex McGillivray, Sales & Marketing Corodinator, Vanderwall Group
1. October 17, 2009 — In his bill of rights (EllisDon CEO proposes subcontractors’ bill of rights , Oct. 13, 2009), Mr. Smith addresses the issues that represent some of the biggest challenges for subcontractors and cause them to distrust general contractors. Respond to this comment
Ford M. Lake, President/Owner, Barrie Glass & Mirror Ltd., Barrie, Ontario