JOHN G. DAVIES
PROFILE & BACKGROUND
John G. Davies is a licensed architect (Ontario), a registered architect (Alberta), a chartered arbitrator (Canada), and a specialist in the preparation, application, administration, interpretation and the resolution of disputes related to various forms of construction and consulting contracts. He is the president and CEO of John G. Davies, Architect, Incorporated. He began his career as an apprentice design-draftsman in the UK in 1957 and immigrated to Canada in 1966 where he has since been involved in the design, construction and administration of projects, ranging in size and complexity, in the Residential (R); Institutional, Commercial and Industrial (ICI); Heavy Civil (HC) and the Transportation and Infrastructure (TI) Sectors of the Design and Construction Industries. For over sixty years his worldwide experience has included work on projects located in Italy, France, Lebanon, Jamaica, South Korea, the UK, the US and Canada.
EDUCATION
- Carleton University School of Architecture, Ottawa: Bachelor of Architecture with Minor in Legal Studies 1975 - 1977
- City of Liverpool College of Building and Architecture: Liverpool UK: Intermediate Certificate - Royal Institute of British Architects (RIBA) 1958 - 1962
CERTIFICATE COURSES
- York University, Osgoode Hall Law School CPD:
Adapting to the New Prompt Payment and Adjudication Regimes:
2019
- International Chamber of Commerce/International Court of Arbitration. (ICC/FIDIC): International Construction Contracts and the Resolution of Disputes: 2008
- Harvard Law School, Program for Instruction of Lawyers (Fisher & Patton): Negotiation: 1997
- University of Wisconsin, Department of Engineering & Applied Science: Principles of Construction Specifications Writing: 1981
SPECIAL DESIGNATIONS / MEMBERSHIP / AFFILIATIONS
- Ontario Association of Architects (OAA): licensed architect (license no. 2915): since 1977
- OAA: holder of Certificate of Practice (certificate no. 1452): since 1977
- Alberta Association of Architects: registered architect (registration no. RA14246): since 2015
- Royal Architectural Institute of Canada (RAIC): member: 1977-1997
- Royal Institute of British Architects (RIBA): holder of RIBA Intermediate Certificate: since 1963
- Ontario Bar Association (OBA): affiliate member ADR Section: 2008-2017
- OBA: affiliate member Construction Law Section: 2008-2017
- Dispute Board Federation (Geneva, Switzerland): int’l corporate panel member: 2008-2016
- Dispute Resolution Board Foundation (Seattle, USA): individual member: since 2011
- ADR Institute of Canada, Inc.: member: since 1988
- ADR Institute of Canada, Inc.: director: 1990 -1992
- ADR Institute of Canada, Inc.: chartered arbitrator (C.Arb.): since 1992
- ADR Institute of Ontario: member: since 1988
- ADR Chambers: arbitrator, mediator, neutral evaluator and fairness monitor: 2008-2015
- Canadian Design-Build Institute: member: since 1996
- Canadian Design-Build Institute: Fellow (FCDBI): since 2009
- Canadian Construction Documents Committee: member: 1979-1986
- Canadian Construction Documents Committee: Chair: 1981-1986
- Ottawa Construction Association: member: 2011-2018
TEACHING
- Faculty, Osgoode Hall Law School, Continuing Professional Development:
Osgoode Certificate in Construction Law:
since 2011
- Adjunct Professor of Architecture, Carleton University Azrieli School of Architecture and Urbanism:
Tort and Contract Law for Architects:
1986-2005, 2015-2017
- Lecturer, Admission Course for the Ontario Association of Architects:
General Conditions CCDC 2&3:
years 2000 and 2001
- Lecturer/ Course Examiner, Royal Architectural Institute of Canada, Syllabus Courses on: Building Economics & Construction Contract Administration: 1992-2002
- Carleton University, School of Continuing Education/ADR Institute of Ontario: Design, develop and deliver con-ed course meeting academic requirements for the designation of Chartered Arbitrator: 1993-1995
- Professor Emeritus of Architecture, Carleton University Azrieli School of Architecture and Urbanism: Professional Practice for Architects: 1979-1985
PUBLICATIONS
Construction Comment – Viewpoint
- May 2013: Liquidated Damages Demystified
- Nov 2012: Supplementary Conditions Demystified
- May 2012: “Time of Essence” Demystified
- Mar 2012: Interference Drawings-Whose Responsibility?
- Feb 2012: My ‘unreasonable instructions to bidders’ rant
- Sept 2011: Expediting Payment
- May 2011: Allowances Demystified
- Feb 2011: Contractual Changes Demystified
- April 2010: Coordination – Whose Job is it?
- Nov 2009: As-builts Demystified
- Sept 2009: Stepped ADR v. Dispute Boards
- April 2008: Shop Drawings Demystified
Construction Law Reports
95 C.L.R. (3d) 16-42:
- Conflicts of Interest, Impartiality, and Adapting the Role of The Consultant as Contract Administrator in Canadian Construction Contracts
91 C.L.R. (3d) 6-18:
- Alternatives to the Alternatives – A Review of ADR Procedures Currently Available to the Construction Industry in Canada
Ontario Bar Association, ADR Section, Vol. 17, No.3: June 2009:
- The “Stepped ADR” Process v. DABs
The Canadian Design-Build Institute: Design-Build Handbook of Practice:
- Manual of Practice Series 100, 200 and 300 (Author/Ghost Writer)
The Canadian Handbook of Practice for Architects:
- Section 1.2.2 “The Construction Industry”
Publications during tenure as Chair of the CCDC Committee:
- Canadian Standard Stipulated Price Contract:
CCDC 2 – 1982 - A Guide to Supplementary Conditions:
CCDC 20 – 1980 - Canadian Standard Cost Plus Contract:
CCDC 3 – 1986 - A Guide to Construction Insurance:
CCDC 21 – 1982 - Canadian Standard Unit Price Contract:
CCDC 4 – 1982 - A Guide to Construction Surety Bonds:
CCDC 22 - 1986 - A Guide to Calling Bids and Awarding Contracts:
CCDC 23 – 1982
Minor Stream Thesis:
- Acts, Codes, Regulations and Authorities Having Jurisdiction in Ontario.
SEMINARS
An accomplished public speaker and educator, Mr. Davies has delivered seminars across Canada and the US: (Sponsoring Organizations include):
- Canadian Bar Association
- Ontario Bar Association–Construction Law Section
- 2010 National Construction Law Conference
- Prince Edward Island Institute of Architects
- Canadian Construction Association
- ADR Institutes of Canada and Ontario
- Canadian Design-Build Institute
- Toronto Construction Assocation (Gold Seal Program)
- Royal Architectural Institute of Canada
- Dalhousie University (Daltech) – 1991 through 2003 a series of cross Canada 2 day seminars delivered in Canada’s major cities from Victoria BC to St. John’s NL on a biennial basis addressing: The bidding and award of construction contracts and the administration of the resulting construction and warranty phases of the work
PAPERS
- Dispute Boards, Their Use in Canada
- Comparative Overview of Procurement Alternatives
- Bidding and Contracting for Defence Contracts
- Effective Bidding, Award & Administration of Construction Contracts
- Design-Build Teaming Strategies
- Design-Build Variants and Supplements
- Implications of Bidding
- Construction Budgeting, Estimating and Cost Control
- The Almost Nearly Perfect Construction Contract
PROFESSIONAL COMMUNITY ACTIVITIES
- Committee for writing Canadian Standard Design-Builder/Consultant Contract (Doc.15-2000) : Member
- Committee for writing Canadian Standard Design-Build Contract (Doc. 14 - 2000): Member
- Committee for writing a Guide to Construction Management (CCA 26 - 2000): Member
- Committee for writing the Canadian Standard Construction Management Contract (CCA 5 1988): Contributing Member (at large)
- Ontario Court of Justice and the Ontario Ministry of the Attorney General: C’ttee for the preparation of Civil Justice Review Supplementary and Final Reports: Contributing Member (OAA)
- Ontario Ministry of the Attorney General: Working Group of Construction Dispute Resolution Alternatives: Contributing Member (OAA)
- Joint Industry/Government of Canada:Design-Build Task Force: Contributing Member (RAIC)
- CAN/CGSB-85.100-93 - Canadian National Painting Standards Committee: Contributing Member (RAIC)
- CAN/CGSB 85.10-99 - Protective Coatings for Metals Committee: Contributing Member (RAIC)
- Canadian Construction Documents Committee: Chair and Past Member (CSC)
PROVISION OF EXPERT SERVICES
Alternative Dispute Resolution (ADR):
Mr. Davies has, within the past twenty-five years, conducted over 200 ADR procedures including adjudication, arbitration, mediation, negotiation, expert determination and Project Neutral, Dispute Board and Contract Referee services.
Provision of Expert Witness Services at Trial:
Over the past forty years Mr. Davies has had occasion to deliver expert witness services at trial.
Representative cases include the following:
- C. Ken Chew and Patricia Chew v. James Voorneveld and Z. Matthew Stankiewicz: County Court of the Judicial District of Ottawa-Carleton [1979]; Docket: t.b.d.
- Stahl v. Regional Municipality of Ottawa Carleton: [1988]; Docket: t.b.d; Counsel for Stahl: Russel Kronik
- Ian Bruce Macaulay and Cheryl Lynn Macaulay v. Edward Wagorn, Yvonne Wagorn, and Her Majesty the Queen in Right of Ontario: Ontario Court General Division, [1991] Docket: 14023: (Honourable Madam Justice Louise Charron presiding).
- Edward J. Cuhaci and Associates Architects v. Rochester Holdings Ltd: Ontario Court of Justice, General Division, [1994] Docket: 51,002/91: (Honourable Mr. Justice J. Bell presiding).
- Ed. Brunet and Associates Inc. v. 154469 Ontario Inc: [2002] Can LII 28959 (ON SC) Docket: 99-CV-10636: (Honourable Mr. Justice J.D. Cunningham presiding).
Provision of Participant Witness Services at Trial:
Although initially engaged to provide expert witness services at trial Mr. Davies’ testimony was accepted by the Court following a voir dire hearing relating to the fact that he had also provided prior remedial consulting services on the project to both parties in dispute.
Residential Condominium Project, Brockville, Canada - \$6.5M (CAD):
- Standard Trust Company v. Metropolitan Trust Company of Canada: [2006] CanLII 589 (ON SC) -2006-01-13: Docket: 96-CU-105333 (Honourable Mr. Justice J. Cameron presiding).
- Standard Trust Company v. Metropolitan Trust Company of Canada, Trial decision affirmed:
[2007] ONCA 897 (CanLII): Docket: C44876 (Honourable Messrs. Justices Laskin, Macfarland and Epstein JJ.A presiding).
Provision of Expert Witness Services for Lawsuits That Settled Before Trial:
Mr. Davies has, within the past forty years, conducted over 140 investigations, prepared supporting expert reports and provided expert consulting services to various lawyers in order to assist and support them when settling various lawsuits prior to trial.
These cases involved the following subject matters:
- Personal Injury/Slip & Fall issues: (22 cases)
- Condominium related issues: (15 cases)
- Construction failures: (17 cases)
- Design and Construction failures-change order disputes- contract administration failures: (38 cases)
- Architectural Errors & Omissions/ negligence/breach of contract issues: (23 cases)
- Liens: (9 cases)
- Bidding related issues: (13 cases)
- Miscellaneous/other: (17 cases)
DESIGNATED SUBSTANCES ABATEMENT, HAZARDOUS and TOXIC MATERIALS REMOVAL and ASSOCIATED FACILITIES REINSTATEMENT SERVICES; and LEVEL 3 CONTAINMENT FACILITY UPGRADES
In addition to providing basic architectural services through his architectural practice Mr. Davies has been the Architect of Record and provider of General Review services for over 24 projects involving: asbestos abatement, lead paint abatement, polychlorinated biphenyl (PCB) replacement, nuclear decontamination, hazardous materials removal and associated facilities reinstatement as well as acting as a consultant with regard to retrofitting research buildings to meet ‘level 3 containment’ standards of performance.
PLANNING MATTERS
In addition to the foregoing, Mr. Davies has presented cases to the Rideau Valley Conservation Authority before the Ontario Municipal Board, and to various Committees of Adjustment throughout the Ottawa Calgary and Edmonton regions.
AWARDS
- City of Ottawa: Award of Excellence (Heritage Restoration) 2000 (in association with Joseph Milcic Architect);
- Construction Specifications Canada (CSC): National Award of Merit, 1984;
- National Design Competition Mississauga City Hall: Merit Award, 1982 (The Davies/Leggett Partnership).