Karen Martin | Fraser Milner Casgrain LLP

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Karen Martin LL.B., Partner

Karen is a partner who practises in the areas of construction/infrastructure, P3 and litigation/dispute resolution. She provides strategic legal advice to minimize risk during procurement and construction based on deep experience and the latest developments in the law. She provides input in the preparation of construction and infrastructure contracts designed to avoid disputes, and during the construction phase she develops pro-active solutions to project issues. When disputes arise, she negotiates resolutions, and also acts as counsel in the mediation, arbitration and litigation of all types of construction claims, including on P3 projects.

Karen’s experience as counsel on large construction trials in the last three decades allows her to quickly understand the technical aspects of a construction claim, and to provide creative advice as to the appropriate methods to efficiently resolve disputes. She has extensive experience in disputes involving tenders, RFPs, construction contracts, builders’ liens, engineering issues, and negligence claims involving architects and engineers.

In the health care sector she acts for health authorities in relation to complex procurements, P3s and construction projects.

The author of many publications on topics of interest to the construction industry, Karen is also a frequent speaker on complex litigation and construction issues including procurement, builders’ liens, construction disputes, and settlement of multi-party litigation.

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Representative Work

City of Kamloops v. Maple Reinders Inc., (8 July 2005), Kamloops 37460 (B.C.S.C.) – Tender – counsel for Maple Reinders

Golden Hill Ventures Ltd. v. Kemess Mines Inc. 2002 BCSC 1460 – changed soils and delay claim – counsel for Golden Hill Ventures

J. Oviatt Contracting Ltd. v. Kitimat General Hospital Society 2000 BCSC 45; 2002 BCCA 323 – Tender – counsel for Kitimat General Hospital Society

Coast Hotels Ltd. v. Bruskiewich 2001 BCSC 1499 – Engineer’s negligence – counsel for Brushkiewich

W.I.B. Co. Construction v. British Columbia (School District No. 23 - Central Okanagan), (1998) B.C.J. No. 1783 (S.C.) – Tender – Fulker Maltby Architects

Pro Star Mechanical Contractors Ltd. v. Ladysmith and District Hospital Assn. (1995) B.C.J. No. 2168 (S.C.); (1997) B.C.J. No. 2559 (C.A.) – Tender – counsel for Ladysmith and District Hospital Assn.

Foundation Company of Canada Ltd. v. United Grain Growers Ltd., (1995) B.C.J. No. 2235 (S.C.); (1997), 34 B.C.L.R. (3d) 92 (C.A.) - Delay claim – counsel for Choukalos Woodburn McKenzie Maranda Ltd.

British Columbia v. R.B.O. Architecture Inc., (1993) B.C.J. No. 48 (S.C.) – Engineer’s negligence – counsel for PJB Engineering Ltd.

F.P. Construction Ltd. v. B.U.K. Investments Ltd., (1993) B.C.J. No. 690 (C.A.) – Construction dispute, builders’ lien – counsel for F.P. Construction Ltd.

Kamco Installation Ltd. v. Chilliwack (District), (1991) B.C.J. No. 2438 (S.C.) (tender) - counsel for Chilliwack (District)

Wilson v. Robertson (1991), 43 C.L.R. 117 (B.C.S.C.) (municipal building department negligence) - counsel for Gordon Spratt & Associates

Farmer Construction Ltd. v. Doncaster Holdings Ltd. (1990), 46 C.L.R. 80 (B.C.S.C.) (architect’s negligence) - counsel for Wagg & Herbal Architects

Richardson v. Assn. of Professional Engineers (1989), 41 B.C.L.R. (2d) 130 (S.C.) (engineering profession – Charter challenge) - counsel for Assn. of Professional Engineers

Diamond Willow Ranch Ltd. v. Oliver (Village), (1988) 31 C.L.R. 287 (B.C.S.C.) – Changed soils claim – counsel for Urban Systems Ltd.

Royal Bank of Canada v. Island Plaza Development Corp., (1987) B.C.J. No. 2622 (S.C.) – builder’s liens – counsel for RBC

Publications

"Duty of Professional Engineers to Take Reasonable Care", Innovation, March/April 2011

"Recent Tender Law Case Lessons", Construction Business Magazine, January/February 2011

Focus on Construction | Infrastructure: Engineer and Owner both Liable for Negligent Design that Failed to Protect Public Safety

Focus on Real Estate - October 2009

Legal Implications of Green Building

Teaching Roles

Lecturer, "'Tender Law' and 'Dispute Resolution'", Civil Engineering 7030, British Columbia Institute of Technology, 2007

Lecturer, "Legal Issues for the Construction Industry", University of British Columbia, Continuing Education for Engineering and Architecture, 1997-1999

Lecturer, "Engineers and the Law", University of British Columbia, Faculty of Engineering, 1998

Lecturer, "Builders' Liens", Construction Law 338, Douglas College, 1989

Prior Speaking Engagements

Presenter, "Construction Contract Termination", Construction Contracts: Practical Guidelines to Prevent Costly Mistakes, Vancouver, November 17, 2011

Presenter, “Tender and RFP Law”, Association of Professional Engineers and Geoscientists of B.C., Vancouver, August 18, 2011

Presenter and Contributor, Continuing Legal Education Society of B.C.: “CLE-TV: Tercon Contractors Ltd. v. British Columbia”; “Construction Law 2010: And Now For Something Completely Different”; “CLEBC Construction Law 2009”; “Tendering Law 2009”; “Construction Law – 2008 Update”; “Tendering Law”, September 2007; “Construction Law – 2007 Update”; “Construction Law – 2005 Update”; “Construction Law – 2004 Update”; “Construction Law - 2003 Update”; “Construction Conference 2002”; “Builders Lien Update”, 2002; “Builders Liens”, 1998; “Builders Liens”, 1997; “Economical Litigation”, 1997; “Multi-Party Litigation,” 1995; “Builders Liens”, 1995

Presenter and Contributor, Pacific Business and Law Institute: "Bidding & Tendering: Essential in our Current Economy", May 2010; “Construction Management at Risk”, December 2009; “The Impact of the Green Movement on Construction Contract Drafting and Administration”, January 2009; “A Hot Construction Market – Tips & Traps”, November 2007; “Construction Scheduling and Delay: The Complete Course”, May 2007; “Construction Tendering: Practical Solutions”, October 2005; “Surviving the Boom: Meeting the Challenges of a Hot Construction Market”, June 2005; “Construction Contracts: Practical Guidelines to Prevent Costly Mistakes”, May 2007; “Construction Law ’98”

Presenter, “TERCON: Changing the Face of Tendering Law in Canada”, The Canadian Institute, Vancouver, June 24, 2010

Co-Chair and Presenter, “Liability and Risk Issues During Green Design and Construction”, Green Buildings: Rules, Risks and Opportunities, Osgoode Professional Development, May 18, 2010

Presenter, “Assessing, Allocating, and Managing Risk in Public Construction Procurement Contracts”, Infonex Essentials of Public Construction Procurement, Ottawa, April 26, 2010

Co-presenter with John Haythorne, "Utilizing Project Scheduling as an Effective Management Tool" and "Advanced Guide to Drafting Tender Documents and Construction Contracts", The Canadian Institute's 2nd Annual Construction Superconference, Regina, April 21-23, 2010

Presenter, "Tender/RFP Review and Update: The One Constant - The Law is Always Changing", FMC Tender Law Seminar, Vancouver, November 25, 2009

Presenter, “Green Building” Construction Law update, “Construction Law Strategies for 2009: Risk Redefined”, Calgary, June 17, 2009

Presenter, “Negotiating and Structuring Public-Private Partnership (P3) Contracts”, at the Canadian Institute’s 2nd Annual Conference on Negotiating Construction Contracts, Edmonton, April 2009

Chair and Presenter, “How to Deal with Liens” and “Enforcement of Liens (from filing to trial)”, Lorman B.C. Construction Liens Seminar, Vancouver, March 2009 and March 2008

Co-presenter with John Haythorne, "Tendering and Contract Law in the Waste Management Industry", Tendering and Contract Seminar, Coast Waste Management Association, Victoria, January 2009

Co-presenter with John Haythorne, “Transportation Projects in B.C.”, MMCD/Municipal Engineers Division, APEGBC, November 2008

Co-presenter with John Haythorne, “Concession Agreements - What’s Involved”, P3s and the Design Consultant, Consulting Engineers of British Columbia, October 2008

Chair and Presenter, “Construction Documents in B.C. - Not the Same Old Thing!” Lorman Education Services, September 2008

Presenter, “Geotechnical Risk Allocation in Design-Build”, Vancouver Geotechnical Society Annual Symposium, May 2008

“B.C. Ferry Arrangements: Pitfalls and Possibilities”, Trial Lawyers Association of B.C., 2007

Lecturer, “Tender and RFP Law”, “Engineers & Geoscientists as Expert Witnesses”, “Field Review”, “Drafting Tenders, RFPs and Bids”, Association of Professional Engineers and Geoscientists of B.C., 2002-2010

Lecturer, “Canadian Law for Engineering”, Professional Practice Seminars, Association of Professional Engineers and Geoscientists of B.C., 2001-2007