David is litigation counsel and assists his clients in dispute resolution matters involving construction, engineering, and development projects. David provides advice to clients at all stages of a project, including contract drafting, tendering, negotiations, mediation, arbitration or litigation in court. David approaches all matters with a view to providing clients with a combination of practical advice and effective counsel work.

Outside of his construction practice, David acts as prosecution counsel for professional regulatory organizations in professional discipline matters. David also acts as defence counsel for professionals facing professional discipline charges.

Born and raised in the interior in Kelowna, British Columbia. Prior to completing his university studies, David was a reserve member of the Canadian Forces and worked in the family general contracting business building single family homes in the Okanagan. After completing law school, David articled and practiced for five years at a commercial litigation boutique in Vancouver where his practice focused on complex commercial, construction, and class action cases. Since joining JML in 2015, David’s practice has focused on construction and professional regulatory matters.

Education and Bar Admission

B.A., Simon Fraser University (2005)
J.D., University of British Columbia (2010)
Called to the bar of British Columbia, (2011)

Select Professional Experience

  • Acted for a large Canadian general contractor in a domestic arbitration claiming delay and disruption damages from a Canadian province arising from a bridge refurbishment project.
  • Counsel for residential general contractors and home owners drafting and negotiating construction contracts and acting as litigation counsel in payment disputes.
  • Prosecution counsel for Engineers and Geoscientists British Columbia in a number of professional discipline matters concerning structural engineering and unprofessional conduct.
  • Counsel for a civil works subcontractor in a domestic arbitration against a multi-national general contractor for unpaid progress claims and damages for delay and loss of productivity on a biomass electrical generation project in northern British Columbia.
  • Counsel for a port owner in northern British Columbia in an appeal before the Environmental Appeal Board concerning the construction of a breakwater on the foreshore.
  • Acted for a piling contractor against a multi-national general contractor in a proceeding in the Alberta Court of Queen’s Bench for unpaid progress claims and damages in respect of a port facility upgrade.
  • Counsel for a large Vancouver general contractor in a domestic arbitration brought by a drywall and steel stud contractor claiming significant extras in a residential tower project.
  • Coverage counsel on behalf of an equipment supplier seeking insurance coverage from an insurer for damages due to an equipment breakdown.
  • Acted for a TSX-listed Vancouver-based animation company concerning earn-out entitlements under an asset purchase agreement involving a petition to the BC Supreme Court for a declaration that a special purpose audit engagement procedure was an arbitration in law.
  • Co-counsel in a class action brought by business and property owners for business losses and damages for injurious affection arising from the disruption caused by the cut and cover construction of the Canada Line in the City of Vancouver.
  • Acted for a TSX-listed Vancouver-based mining company in an international arbitration conducted under the LCIA Rules arising from construction cost overruns at a Mexican mine.
  • Pro bono counsel in consumer protection matters involving unfair lending practices.

Speaking

  • Presentation on builders liens, pay when paid clauses, and incorporation of a prime contract in subcontracts before a meeting of the British Columbia Fire Sprinkler Association (Apr 2019)
  • “2019 Legal Update”; Roundup presentation on significant new cases affecting the construction industry at the CCO Workshop hosted by the Southern Interior Construction Association (Feb 2019)
  • “Getting to the Hearing: Document Disclosure, Expert Reports, and Adjournment Applications”; Presentation at Infonex’s RegPro2018 – Professional Regulation & Discipline in Vancouver (Sep 2018)
  • “2018 Legal Update”; Presentation at the VRCA Construction Leadership Forum hosted by the Vancouver Regional Construction Association (May 2018)
  • “2017 Legal Update”; Presentation at the CCO Workshop hosted by the Southern Interior Construction Association (Feb 2017)
  • “Law & the Architect”; Presentation for the Architectural Institute of British Columbia on Builders Liens in British Columbia (Sep 2016)
  • “Risking it all: the consequences of failing to uphold worker safety regulations”; Presentation to the Vancouver Chapter of Construction Specifications Canada (Feb 2016)

Personal

Outside of work, David enjoys competitive sailing, spending time with his wonderful wife Laura, reading, and gardening.