David Miachika

David Miachika P.Eng.

Partner

Executive Summary

David Miachika is a partner in our Vancouver office. He practises exclusively in the area of construction, real estate and civil liability dispute resolution, including litigation, arbitration and mediation of construction claims, engineering/architect liability, builders’ liens, building envelope claims, LEED and environmental claims, insurance coverage, condominium and real property disputes, construction deficiency, delay and acceleration claims, surety and bonding, and HPO Warranties. David represents developers, purchasers, contractors, engineers, architects, suppliers, landlords, insurers, sureties, property owners, property managers and strata corporations in all levels of court in British Columbia. From 2004 to 2008, David was Regional Leader of our Construction Group in Vancouver.

David is also a professional engineer registered with the Association of Professional Engineers and Geoscientists of British Columbia (APEGBC) since 1984. Prior to joining BLG, he worked for several major construction companies over a seven-year period  as a project manager, engineer and superintendent on significant industrial, commercial, heavy civil and marine construction projects in British Columbia and Nova Scotia, including the Revelstoke Dam, Quintette Coal conveyor and Expo '86.

Representative Work

  • Lead Plaintiff's counsel for the Design/Build Contractor of a $250 million P3 hospital extension in a COC Policy coverage dispute in BC, the Plaintiff was awarded $8.5 million for the claim, 2014.
  • Lead Plaintiff’s counsel for the BC Government in resolving over 150 leaky school claims in BC, 2003-12.
  • Counsel for numerous Strata Corporations, Commercial, Industrial and Institutional Property owners, Developers, Contractors, Suppliers and Insurers in over 120 building envelope claims in BC and Alberta.
  • Represented P3 Joint Venture Contractor in disputes regarding the Golden Ears  Bridge in Langley, BC, 2009-10.
  • Represented both Domtar and Weyerhaeuser in an arbitration dispute with SaskPower regarding the Prince Albert Pulp Mill, 2003-09.
  • Represented several property owners in the Berkley-Riverside landslide, North Vancouver District, 2005-08.
  • Represented American Bridge in a dispute with the BC Government over the reconstruction of the Lions Gate Bridge, 2000-02.
  • Represented the Owners of Station Square for the Save-on-Foods roof collapse at Metrotown in Burnaby, BC, 1990.

Publications & Presentations

  • Co-Author, "Contractors & the Law: Ledcor Construction vs. Northbridge Indemnity Insurance Co.," On-Site Magazine, December 2016.
  • Co-Author, "Resolving Disputes Arising from the Bidding and Tendering Process," Presented at the Pacific Business & Law Institute seminar: Resolving Construction Disputes, March 2016.
  • Co-Author, "What Does Your Client's Course of Construction Policy Really Cover?", Construction Economist, Summer 2015.
  • Course Leader and Speaker, Lexpert 3rd Annual Canadian Construction Insurance Law course: New Ways to Manage Risk and Avoid Liability, June 2015.
  • Co-Author, "Insurance Coverage for Unexpected and Unintended Events versus Exclusion of Faulty Workmanship and Design," The Canadian Collection of Construction Lawyers: Featured Case Comment, February 2015.
  • Co-Author, "Course of Construction Insurance Policies: Canadian Court Interprets Standard Policy Language for First Time," Construction Business, January/February 2015.
  • Presenter, "Construction Project Insurance- Recent Developments," BUILDEX Vancouver, February 2015.
  • Co-Author, "Design, build, insure: What a B.C. court case means for your construction clients," Canadian Insurance Top Broker, January 2014.
  • Co-Author, "Legal Issues: Infrastructure project insurance," Construction Canada, December 2014.
  • ​​Co-Author, “Precedent setting case: standard exclusion in course of construction insurance policy interpreted for first time,” BLG’s Construction and Engineering Newsletter, August 2014.
  • ​Has written and spoken on topics such as builders’ liens, Canadian Construction Documents Committee construction contracts, delay and acceleration claims, “leaky” condominium litigation, Homeowner Protection Act and Regulations, bidding and tendering, bonding and sureties, builders’ risk insurance, Commercial General Liability Insurance, construction claims and damages, condominium deficiencies and oppression remedies, and tort liability to subsequent purchasers.
  • Presenter and author of various Construction Law “hot topics” at Annual Canadian Construction Association Conferences, 2000-10.
  • Moderator and presenter (on the BC Building Code), Lorman Seminars, 2009-12.
  • Presenter, “Letters of Assurance: A Legal Perspective,” Association of Professional Engineers and Geoscientists of BC Seminar, December 2010.
  • Presenter on various Construction Law issues, Buildex Vancouver Conferences.
  • Author, “Rejection of ‘Time on Risk’ for Allocation of Defence Costs,” BLG’s Canadian Insurance Law Newsletter, Fall 2012.
  • Author, “Builders’ Liens:  The Need to Improve,” Western Canada Construction Magazine, Jan/Feb 2012.
  • Author, Case Comment on Supreme Court of Canada decision in Progressive Homes v. Lombard Insurance for the Canadian College of Construction Lawyers, Fall 2010.

Rankings & Recognitions

  • Selected by peers for inclusion in 2017 edition (and since 2012) of The Best Lawyers in Canada® (Construction Law).
  • Recognized as a 2017 Acritas Star.
  • Recognized as a leading Canadian infrastructure lawyer in the 2015 Lexpert®/Report on Business Special Edition on Infrastructure.
  • Recognized in the 2017, 2016 and 2015 editions of The Canadian Legal Lexpert® Directory (Construction Law).
  • Martindale-Hubbell® BV® Distinguished™ 4.4 out of 5 Peer Review Rated.