David Volk
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Jana Angela Neria
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David Volk is a highly experienced construction lawyer. He provides advice and representation at all stages of a project, including contract drafting, tendering, negotiations, mediation, arbitration, and in court. He works with all types of clients in the industry, including owners (private and First Nations), general contractors, subcontractors, and material suppliers. Much of David’s construction practice involves acting as litigation counsel in large, complex disputes which require strategic planning and close attention to detail.

David specializes in insurance matters, acting for clients challenging denials of insurance coverage by insurance companies and advising parties on maximizing recovery under insurance policies. David also assists clients with claims against insurance brokers for failing to obtain appropriate insurance coverage after a loss occurs.

David also has as a sizeable administrative law practice, which includes acting as prosecution counsel for professional regulatory bodies. In particular, David has acted for Engineers and Geoscientists BC in many discipline matters involving complex structural and geotechnical engineering. Through this work and his construction practice, David has developed an advanced understanding of construction and engineering.

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 British Columbia’s Okanagan area. Following law school, he articled and practiced for five years at a commercial litigation boutique where he focused on complex commercial, construction, and class action cases. Because of his knowledge of the construction industry, he often lectures on the topic.

Experience Highlights

  • Project counsel for a First Nation for a design-build solar and battery project
  • Counsel for a piling contractor in a claim for damages due to changed subsurface conditions
  • Counsel 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
  • Counsel 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
  • Counsel for a 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
  • Co-counsel for a Vancouver-based mining company in an international arbitration conducted under the LCIA Rules arising from construction cost overruns at a Mexican mine

Education & Bar Admissions

  • B.A., Simon Fraser University, 2005
  • J.D., University of British Columbia, 2010
  • Called to the Bar of British Columbia, 2011
  • Called to the Bar of the Yukon, 2024

Memberships & Associations

  • Member of the Law Society of British Columbia (2011)
  • Member of the Canadian Bar Association and the Construction Subsection

Seminars & Speaking Engagements

  • “Construction Projects: Latest Trends in Lifecycle Risk Management – After the Project” Pacific Business Law Institute, co-presented with Michael Morgan, March 2024
  • “Handshakes, Unsigned Contracts, Quotations & Hopeful Promises: What makes a binding contract?” Buildex Vancouver, co-presented with Stephanie John, February 2024
  • “Basics of Insurance in Construction”, JML in-house seminar, August 2023
  • “Construction Keynote – Critical Updates on Three Key Issues Affecting Today’s Construction Industry”, Buildex Vancouver, panelist, February 2023
  • “Statutory Enforcement: The new Commercial Liens Act and the Builders Liens Act”, CLEBC Creditors Remedies Conference, co-presented with David Mckenzie, May 2022
  • “Price Escalation and Supply Chain Disruption”, Presentation to the Fire Sprinkler Association of British Columbia, May 2022
  • “Understanding Payment and Builders Liens in British Columbia”, presentation made at Buildex Vancouver, co-presented with Jannelle Mackoff, March 2022
  • “High Demand, But Slow and Low Supply: Preparing for and Addressing Supply Chain Issues on Construction Projects”, presentation made at CBABC Construction Subsection, co-presented with David Mckenzie, November 2021
  • “Lecture on Dispute Resolution”, UBC Construction Law seminar, October 2021
  • “2021 Legal Update,” Construction Law conference hosted by the Pacific Business Law Institute, April 2021
  • “2021 Legal Update,” CCO Workshop hosted by the Southern Interior Construction Association, March 2021
  • “2020 Legal Update,” CCO Workshop hosted by the Southern Interior Construction Association, February 2020
  • “When trouble is (or could be) brewing – Essentials of Notice, Termination and Dispute Resolution,” Buildex Vancouver, February 2020, co-presented with Vanessa Werden
  • “Bidding and Tendering from the Bidder’s Perspective: Beyond the Basics”, Fenestration Association of BC, October 2019
  • “Changing Role of Regulatory Agencies – Panel Discussion,” Infonex’s RegPro2019 – Professional Regulation and Discipline Conference, September 2019
  • “Builders Liens, Pay When Paid Clauses, and Incorporation of a Prime Contract in Subcontracts,” British Columbia Fire Sprinkler Association, April 2019
  • “2019 Legal Update,” CCO Workshop hosted by the Southern Interior Construction Association, February 2019
  • “Getting to the Hearing: Document Disclosure, Expert Reports, and Adjournment Applications,” Infonex’s RegPro2018 – Professional Regulation & Discipline in Vancouver, September 2018
  • “2018 Legal Update,” VRCA Construction Leadership Forum hosted by the Vancouver Regional Construction Association, May 2018
  • “2017 Legal Update,” CCO Workshop hosted by the Southern Interior Construction Association, February 2017
  • “Law & the Architect: Builders Liens in British Columbia,” Architectural Institute of British Columbia, September 2016
  • “Risking it All: The Consequences of Failing to Uphold Worker Safety Regulations,” Vancouver Chapter of Construction Specifications Canada, February 2016

Publications