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David Curtis, Partner

David Curtis *

Partner Fasken
Jurisdiction British Columbia, 2006
Language(s) English
Office(s) Vancouver
Contact
*Law Corporation

Overview

David Curtis is a litigation and dispute resolution Partner in the Vancouver office. His practice is focused exclusively on the construction industry. David is a Fellow with the Canadian College of Construction Lawyers and is recognized as a leading construction lawyer by various ranking agencies.

David has extensive experience acting for construction owners, design-builders, general contractors, subcontractors, insurers and designers. He has advised clients on numerous types of projects in various industries including high rise residential, public infrastructure, energy and mining, hospitals, dams, transmission lines, water treatment facilities and pipelines. He provides advice on all ends of the construction spectrum, from helping clients with tendering disputes, to resolving disputes during construction, to post-construction litigation and arbitration. He has experience litigating cases in the Supreme Court of British Columbia and the Court of Appeal for British Columbia, and extensive mediation and arbitration experience.

David has lectured and written extensively on various topics related to construction law. He is currently an adjunct professor with the Allard School of Law, University of British Columbia, and co-teaches construction law every fall.Expertise in construction matters

Clients seek David's advice on:

  • construction contract management
  • construction contract disputes
  • delay and disruption claims
  • change order disputes
  • site condition claims
  • tendering disputes
  • bond and insurance coverage claims
  • builders liens
  • building defect, warranty and insurance claims
  • construction related tort claims

David's experience includes:

  • Counsel to Teck Coal limited in an arbitration involving significant claims and counterclaimsrelated to a water treatment facility in south-eastern British Columbia
  • Counsel to the design-builder of the Broadway Subway Project
  • Counsel to the project owner of the Coastal GasLink pipeline project regarding lien matters
  • Counsel to Travelers Insurance Company of Canada in over 60 multi-party construction defect litigation cases in the Supreme Court of British Columbia
  • Counsel to a Contractor in a change order dispute with respect to the Seymour-Capilano twin tunnel project
  • Counsel to Thompson Creek Metals and Terrane Metals Corp. in disputes over the construction of the Mount Milligan Mine
  • Counsel to Capital Regional Health District in respect of geotechnical claims
  • Counsel to Vancouver International Airport Authority in a tendering dispute
  • Counsel to a major utility company in a confidential arbitration relating to the construction of a transmission powerline
  • Counsel to various clients in respect of tendering, requests for proposals, and tendering disputes and evaluation issues

Achievements

Client Work

  • Change order dispute with respect to the Seymour-Capilano twin tunnel project,
  • Advised Quanta Services in the Fort McMurray transmission line in Alberta,
  • Thompson Creek Metals and Terrane Metals Corp. in disputes over the construction of the Mount Milligan Mine,
  • Oceanus Resources and El Tigre Silver combine,
  • University of British Columbia wins successful defence to collect GPS information about its employees,
  • Budget Rent-A-Car of BC Ltd. v. Vancouver International Airport Authority,
  • Obtained a certificate of public convenience and necessity from the British Columbia Utilities Commission for the ILM Project,
  • Acted as counsel for a major utility company in a confidential arbitration relating to the construction of a transmission powerline,
  • Advising on tendering, requests for proposals, and tendering disputes and evaluation issues,

Career & Education

Education

  • LLB University of Victoria
  • MA, Philosophy Dalhousie University
  • BA, Philosophy University of Victoria

Memberships & Affiliations

  • Fellow of the Canadian College of Construction Lawyers
  • Law Society of British Columbia
  • Canadian Bar Association
  • Adjunct Professor at the University of British Columbia (teaching Construction Law every fall in the faculty of law)

Knowledge

Fasken Institute

Publications

Article Lien Issues in an Insolvency

Speaking Engagements

The Claim of Lien: Both Form and Substance Builders Lien Update 2023 (CLE BC) location location Vancouver, BC
Dealing with Covid Claims Construction Projects in 2022: Global Disruptions, Local Solutions (PBLI) location location Vancouver, BC
Disruption in Construction Projects Society of Construction Law location location North America

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