People Moves Spotlight: Vanessa Werden

Construction lawyer and partner with Jenkins Marzban Logan LLP Vanessa Werden has a long history of service excellence and giving back to the construction community. In December, she joined the BC Road Builders & Heavy Construction Association (BCRB) as its new Board Chair. 

Werden previously served as a Director and then Vice Chair, spearheading the formation of the BCRB’s Women in Road Building Committee. The Committee’s mandate is to promote initiatives and host programs that focus on attracting and retaining a more diverse cross section of the population to the vast array of jobs available in the road building, maintenance and infrastructure sectors. It’s a topic she has always been passionate about. She spent six years on the board of Canadian Construction Women, including a 2-year term as President, during which time she mentored countless women, spoke at conferences, and led the board of directors in the process of awarding 20 $1,000.00 bursaries to women pursuing trades or construction-related education and training. 

As an expert in construction law with more than 13 years of experience, Werden has also worked to pass her knowledge on to others. From 2014 to 2018, she was an adjunct lecturer for the UBC Civil Engineering program course, “Law and Contracts in Civil Engineering”, providing lectures on the topics of contracts, delay claims, builders liens and surety bonds. Each year since 2017, Vanessa has been a guest lecturer for the UBC Masters of Engineering Leadership Program, delivering a lecture on complex construction disputes. She regularly delivers seminars at conferences, such as Buildex Vancouver. In 2023 and 2024, she was voted by in-house counsel as a Thomson Reuters “Stand-Out Lawyer”. Werden’s firm acknowledged her expertise and drive to succeed by making her the first female equity partner in their construction group.

We caught up with Werden to get her thoughts on construction law, road building and her new role as Chair at BCRB. 

SiteNews: As an award-winning lawyer who specializes in the construction sector, can you explain the role you play in the construction process? 

Vanessa Werden: There are many different types of lawyers who aid parties in the construction process, from navigating regulatory processes to land acquisition, or contract drafting and claims. I typically serve my clients by providing advice that is proactive and forward-thinking (such as contract drafting or negotiation), aimed at mid-project risk management (such as identifying and preserving contractual or other legal rights, including preservation of potential or active claims), or post-project advocacy (such as prosecuting or defending claims for delays or cost overruns). Regardless of the stage of the project, a key part of my role is to give my clients an objective and realistic assessment of the situation so that they are empowered to make informed decisions. I strive to provide exceptional service, not only by providing timely and pragmatic advice, but also by trying to understand the dynamics of the particular relationships at play, the nature of each project, and my client’s short and long-term objectives, which can vary depending on the size, type, and priorities of each client.

What are some of the toughest legal issues you’ve had to tackle?

Complex construction disputes always come with challenges, whether that means substantiating a death-by-1000-cuts cumulative impact delay claim, trying to find a way to explain to a judge why building a stadium roof required state-of-the-art engineering and equipment, or finding the right experts to write a report for an arbitrator on why geotechnical conditions 100 meters below ground caused a year of delay. Aside from the legal and factual issues, there are often relationship or human dynamics at play, and to achieve a resolution (whether that means signing a contract or obtaining a settlement), I need to determine what each party is willing to compromise without sacrificing my client’s ultimate objective.

What is the single best piece of advice someone has given you during your career?

Pay it forward. That mindset put me on a path to build relationships and explore opportunities, which in turn have been the foundation of the practice that I have been able to build over the past 13 years. During law school I was recruited by one of the top construction litigation boutiques in the Province. Within a couple of years, I had decided that I was going to build a legal career serving the construction industry. I then set out to learn about my clients and potential clients, their values, their ambition, and how I could give back to the construction community. By getting involved in the construction and legal communities I serve in my practice – by sitting on boards, leading committees, giving out bursaries, lecturing at UBC, mentoring young people, and speaking at conferences – I have developed a deeper understanding of the industry itself, different sectors, how construction participants operate and what drives them to achieve and maintain success.

This isn’t your first role at the BC Road Builders and Heavy Construction Association. When did you get involved and what prompted you to connect with the group?

After I served on the board of Canadian Construction Women for six years and passed the President torch in 2020, I was seeking an opportunity to contribute to another industry organization. My firm has a long history with BCRB. One of our founders, Bob Jenkins, was a regular attendee at events for many years before he was a judge. It seemed like a great fit in terms of my practice areas, advocacy and communication skills, and board experience. I proudly serve several members in my practice and have been able to contribute my time and skills to initiatives that are important to their sectors.  

As Vice Chair of the Association, you founded the Women in Road Building Committee and throughout your career you have mentored women and provided opportunities for them to begin construction careers. What does the industry need to do to recruit and retain more women? What sort of impact can it have when we see women not just in construction, but in leadership roles in the industry?

Unfortunately, there is no simple answer to these important questions. When I speak with women who work in construction about this issue, they raise a range of concerns from safe accommodations at remote sites, to cleaner hygiene facilities, to societal gender stereotypes, to flexible work hours and childcare costs. Some of these are larger scale societal challenges but others can certainly be tackled by employers. Many have implemented policies and practices to address some of these issues and are seeing results in the diversity and retention of their workforce.

I recently had a conversation with a superintendent in the road construction and paving sector about the subject of attracting and retaining women. Her view is that while the focus and efforts on attracting women to the field are getting some results, many women still leave construction because of the way they are treated when they get there, including harassment, microaggressions, and being overlooked for leadership roles. Some of the critical pieces of progress are representation, mentorship/relationship building, and identifying and consciously changing biases.

Retention has a direct link to representation. When individuals can see themselves reflected back from a leadership position, they are more likely to believe that they can achieve the same. There is simply less room for imposter syndrome in the face of representation.

Showcasing examples of diverse leadership is key, but just as important and impactful is mentorship and relationships within the industry. Associations like BCRB and the Women in Road Building Committee help women to find each other, providing the opportunity to make these meaningful connections outside the workplace, where they may otherwise be limited or unavailable. I encourage employers to participate in initiatives and programming, including encouraging up and coming employees to attend events. 

Another important factor is that people who are in positions of power or leadership and have the ability implement change at a management or policy level. Efforts cannot stop at issuing policies and distributing handbooks. When those in leadership positions take action in uncomfortable situations, they make clear that there are expectations and boundaries in the workplace, they promote a workplace culture that is actually safe and inclusive. I think in the current climate, there are less overt instances of harassment or sexism (though it does still occur); but a lot of the work that still needs to be done is addressing our unconscious biases that are hidden in cracks and crevices that we sometimes do not even realize are there. It takes time and effort to erode the layers of decades of socialization about gender roles or gendered competencies. It comes down to looking for potential in all people and ensuring that when we are making decisions on hiring and promotions, we are not defaulting to making decisions that are influenced by unconscious biases.

What is one thing you didn’t know about the road building sector that you have learned since joining the association?

I have long been aware of the importance of maintenance and construction of highways, roads and bridges for connecting communities and keeping people safe. What I was surprised to learn is that there are nearly 3,000 bridges connecting BC communities!

What areas of focus can we expect to see from the association in the coming year? 

Going into 2025, it is an exciting time and there are good reasons to be optimistic, despite some challenges on the horizon. We have an opportunity to build on the momentum that the Association currently enjoys in terms of a progressive and innovative membership, existing relationships with government, of which we should be very proud. We have set the Association up with opportunities and tools to tackle potential challenges and keep things moving in the direction that our membership deserves. We have the attention of several stakeholders who are very interested in hearing what the membership views as progressive changes to procurement models, contracting, and current issues such as commodity price fluctuations. I look forward to working with leaders to connect with stakeholders, engage in meaningful discussions on these issues, and build lasting relationships.

What are some ways the construction industry can get involved in the association and have an impact? 

There are countless opportunities. Some of the 2025 highlights will be:

• Participating in events and taking advantage of networking opportunities at the Association’s signature events, such as the Annual Ivan Hanchard Charity Golf Tournament, the Fall Conference, and the Annual General Meeting & Winter Celebration; 
• Training in a variety of areas, including Road ReadyBC (https://roadreadybc.ca/); and 
• Visiting one of the stops of The RoadShow (https://bcroadshow.ca/). We are always grateful to have volunteers from member companies assist at RoadShow stops and events.