John is one of the founding partners and is the managing partner of Jenkins Marzban Logan LLP. He restricts his practice to the areas of construction and commercial litigation and alternate dispute resolution.
John is widely respected by members of the construction industry and the legal profession. He is included in the LEXPERT/American Lawyer Guide to the Leading 500 Lawyers in Canada and is listed by Lexpert as one of the most frequently recommended construction lawyers in British Columbia. John has the highest possible (AV) rating in both Commercial and Construction Litigation from U.S. ratings agency Martindale & Hubbell, is listed in Chambers and Partners, Who’s Who Legal and Best Lawyers as one of Canada’s top construction lawyers, arbitrators and mediators.
Over the last 35 years, John has been counsel on a multitude of complex construction and commercial cases in British Columbia. At Jenkins Marzban Logan, he represents a long list of companies involved in the B.C. construction industry, including some of the largest contractors in British Columbia and Canada. John is committed to the use of alternative dispute resolution and pragmatic, business oriented approaches to the resolution of disputes.
John frequently acts as a mediator, arbitrator or referee in construction and commercial disputes. He also sits on construction dispute resolution panels and acts as fairness commissioner in government procurement processes. John is a member of the Chartered Institute of Arbitrators and the British Columbia Arbitration and Mediation Institute. John is or has been involved as mediator or arbitrator in the resolution of many disputes on major infrastructure projects and in the oil sands.
John sits on the Application and Appellate panel established by the British Columbia International Commercial Arbitration Centre. As well, he is included in the Register of Mediators and Arbitrators for the Timber Harvesting Contract and Subcontract Regulation of the Forest Act.
John was one of the founding fellows of the Canadian College of Construction Lawyers.
For many years, John has frequently chaired and lectured at conferences organized by the Continuing Legal Education Society of BC (CLE) and other providers on construction law, commercial litigation and alternate dispute resolution topics. He was one of the original authors of the B.C. Builder’s Liens Practice Manual and has been involved as chair or speaker in virtually all of the CLE courses on construction law in the last 25 years. As well, John has taught the builder’s liens course to almost every Professional Legal Training Program (PLTC) class for the last 25 years. He has also served on the Builders Lien Act Reform Project Committee of the British Columbia Law Institute (BCLI). The BCLI has a mandate from the Ministry of Justice to identify problems in the operation of the Builders Lien Act, devise solutions for them, and make concrete law reform recommendations to implement the solutions.
Education and Bar Admission
- LL.B.: Dalhousie University, 1982
- Called to the Bar in British Columbia, 1983
- Called to the Bar in Nova Scotia, 1986
- Has acted or currently acts as arbitrator or on a dispute resolution panel in a variety of construction and commercial matters involving, among other things, federal highway construction, delay claims, public transit matters, oil sands disputes and environmental disputes.
- Acting as mediator in innumerable disputes in Canada and the United States.
- Acting as Referee between a provincial government and a contractor on a public transit issue.
- Acting as Fairness Commissioner in government procurement processes.
- Acting for various Project Cos or Design Builders in relation to P3 disputes.
- Acted for a subcontractor in successfully resolving a dispute with an international general contractor involving the design and construction of a coal terminal stacker-reclaimer.
- Acted for a well-known heavy civil contractor in a dispute with international contractor relating to biomass plant construction.
- In one of British Columbia’s first high-rise “leaky condo” claims, acted for Vancouver’s largest high-rise residential developer against the designers and constructors of twin high-rise towers in Vancouver.
- Acted for a large group of unpaid contractors and material suppliers, successfully advancing a claim against a national surety company all the way to the Supreme Court of Canada.
- Acted successfully for the general contractor against the owner and a sub-contractor in a multi-million dollar dispute involving the refit of Vancouver Grain Terminal.
- Successfully defended British Columbia’s largest privately owned forest products company against a multi-million dollar claim brought by a private land owner.
- Acted as a referee in a multi-million dollar dispute between a Crown corporation and a private contractor on an infrastructure project.
- Acted as counsel for the successful parties in several construction tendering cases, including three leading cases, Fred Welsh v. B.G.M. Construction, Stanco Projects v. Her Majesty the Queen, and Hub Excavating v. Orca Estates.
- On a well-known downtown Vancouver twin high-rise tower project, successfully acted for the developer against the general contractor and the strata corporation in relation to very significant claims for construction deficiencies and delays.
- Successfully represented one of the two shareholders of a large British Columbia construction company in a multi-year string of disputes arising from the dissolution of the company.
- Acted successfully for two of the first strata corporations to advance and resolve “leaky condo” claims involving large, multi-unit wood frame construction projects in British Columbia.
- Fellow of the Canadian College of Construction Lawyers
- Member of the Canadian Bar Association
- Member of the Law Society of British Columbia
- Member of the Chartered Institute of Arbitrators
- Member of the British Columbia Arbitration and Mediation Institute
- Member of the British Columbia Construction Association
- Member of the British Columbia Road Builders and Heavy Construction Association
- Member of the British Columbia Urban Development Institute
- Member of the Vancouver Regional Construction Association
- Avoiding Procurement Mistakes
- The Keys to a Successful Mediation
- Navigating Ethical Issues in Commercial Litigation
- Procurement Law From a Subcontractor’s Perspective
- Arbitration v. Litigation: Practical Differences
- Contributing Editor British Columbia Builder’s Liens Practice Manual
- Builders Liens in British Columbia
- The new Builders Lien Act
- Creditors’ Remedies
- Litigation Privilege
- Solicitor’s Negligence and Builders Liens
- Priorities in dealing with Builders Liens
- Practical Considerations in Dealing with Leaky Buildings
- New Issues in the Law of Tendering
- Tendering: Where the Rubber Meets the Road
- New Issues in Surety Law
- The Law of Mistake and its Application to Settlement Agreements
- Dealing with Non-Compliant Bids and Mistakes in the Tender Process
- Liens for Delay Costs and Loss of Profit
- Insurance Coverage Issues in Construction Claims: What Every Contractor Needs to Know
- Avoiding the Pain of Litigation: Effective Corporate Strategies
- Considerations in Dealing with Toxic Mould Claims
- I Walk the Line: The Lawyer’s Duty of Loyalty to his Client
- The Integrity of the Tendering Process Versus Freedom of Contract
- Tendering Considerations for Public Tendering Authorities
- Municipal Governments and Litigation in Harder Economic Times
- Privilege Clauses: How Far Can and Should They Go
- New Rules for Construction Litigants
- The nature and scope of an owner’s duty of fairness in the tender process: Hub Excavating Ltd. v. Orca Estates Ltd
- Teaming Up for Large Construction Projects
- Making Sense of the Recent Case Law
When John is not practicing law or spending time with his lovely wife and three children, he enjoys road riding, playing hockey, golfing, skiing and playing the drums.
John has helped raise many thousands of dollars over the years for the Lawyer’s Benevolent Society through his involvement as a fundraiser and performer in the “Battle of the Bands”. He has also raised tens of thousands through his participation in various charitable endeavors including the Ride to Conquer Cancer and the Alzheimer’s Hockey Tournament.
John is or has been involved in community sports through coaching, supporting or volunteering for minor baseball, soccer and track and field, and is a member of the YMCA’s Strategic Asset Development Committee.