A world leader in law school lifelong learning
Contact Us

Today’s construction projects are highly complex, and present an array of challenging risks and obligations for all stakeholders. A comprehensive understanding of key issues and the potential exposure to liability in this high-stakes area is essential.

In this unique, intensive, five-day certificate course, now in its sixth year, over 20 senior legal and construction professionals will cover what you need to know from contract formation through to dispute resolution. Topics include the key participants and their roles in various forms of project delivery; different types of construction contracts in general use; bidding and tendering; the liability of the design professional; liens and trusts; recurrent claims issues, including unanticipated site conditions and disputes concerning changes; alternative approaches to quantifying and evaluating delay and impact claims; dispute resolution, including mediation and arbitration; construction insurance; bonding and surety issues; delays; and construction health and safety risk management.

Participants will develop a thorough understanding of the core legal issues impacting construction projects today, and will come away better equipped to minimize exposure to costly risk.

What You Will Take Away:

Upon completion of this program, you will have a solid understanding of:

  • Various project delivery models, and when to use them
  • Key advanced issues in construction contracts, how to assess the limitations of standard forms and the differing alternatives available
  • Basic principles of bidding and tendering, the treatment of privilege and discretion clauses and the correction of tender errors
  • Specialized insurance issues that are relevant to the construction process
  • Basic concepts and terminology of construction liens, the preservation and perfection of liens and the holdback system
  • Recurrent issues in construction claims, including delay and impact claims, unanticipated site conditions and changes of scope, extras, productivity, and limitations issues
  • The role of mediation and arbitration in resolving construction disputes
  • The roles and responsibilities of the owner, contractor and design professional respectively, and their duties of care
  • The essential role of the surety in the construction process
  • Differing types of P3 arrangements used in Canada, and the roles of the key participants
  • Key principles and liabilities of the various parties in the construction process under the Occupational Health and Safety Act

Faculty

Program Director

  • Geza R. Banfai, McMillan LLP
  • Yonni Fushman, Vice President & Deputy General Counsel, Aecon Group Inc.
  • Howard Krupat, DLA Piper (Canada) LLP

Course 2015

Agenda

  • Day 1: The Osgoode Certificate in
    Construction Law

    November 9, 2015, 8:55 a.m. - 5:00 p.m. EST

    * Registration and Continental Breakfast at 8:30 a.m.

    Project Delivery and the Construction Contract

    Introduction and Overview of the Program

    Project Delivery Models: Design-Bid-Build; Design-Build; Construction Management

    Expert instructors will provide a detailed and practical analysis of the differing contracting models in common use in construction project delivery, including design-bid-build, design-build, construction management for services and work, construction management for services only, as well as differing pricing alternatives commonly employed (stipulated sum; cost-plus; unit price).

    The discussion will also include considerations of the risk profile and other determinants favouring each method in particular circumstances.

    Advanced Issues in Construction Contracts

    An examination of more advanced issues involving construction contracts, including limitations of the standard forms and differing alternatives available; and issues involving more problematic types of provisions such as indemnities, warranties and force majeure provisions.

    Project Delivery Models: Public-Private Partnerships

    Essential guidance on P3 arrangements as used in Canada, including explanations of various transaction structures and what distinguishes P3s from other, more traditional methods. The session will cover the perspectives of the owner and proponent, as well as that of the contractor team, examining their respective roles and typical risk allocation issues inherent in this mode of delivery.

    Special Luncheon Address
    The Canadian Construction Industry
    Michael Atkinson, President, Canadian Construction Association

    Faculty
    Ian J. Houston, Borden Ladner Gervais LLP
    Ted Betts, Gowling Lafleur Henderson LLP
    Richard Wong, Osler, Hoskin & Harcourt LLP
    Timothy John Murphy, McMillan LLP

  • Day 2: The Osgoode Certificate in
    Construction Law

    November 10, 2015, 8:55 a.m. - 5:00 p.m. EST

    Design Professionals, Owners and Contractors

    Project Delivery Models: Integrated Project Delivery

    Gain an understanding of this newly-emerging, radically different mode of delivery, involving multi-party contracting, early joint agreement upon project objectives, intensive collaboration, sharing of risk and reward, and waivers of liability. The IPD process and the salient provisions of an IPD contract will also be examined.

    The Role and Responsibilities of the Owners of Construction Projects, Contractors and Design Professionals

    You’ll get a thorough guide to the duties and obligations of key players in the construction process, including theories of liability and defence, contractual considerations, changes over project lifespans and duties of care to third parties. The first session will focus on the owners of construction projects, the second on contractors and the final session will focus on design professionals.

    Special Luncheon Address
    The Top Ten Construction Law Issues
    Thomas G. Heintzman, O.C., Q.C., FCIArb, Heintzman ADR

    Faculty
    Geza R. Banfai, McMillan LLP
    Dražen F. Bulat, Miller Thomson LLP
    Marcia J. Oliver, Advocates LLP
    Gary Gibbs, Gibbs & Associates

  • Day 3: The Osgoode Certificate in
    Construction Law

    November 11, 2015, 8:55 a.m. - 5:00 p.m. EST

    Claims, Bidding & Tendering

    Bidding and Tendering: Basic Principles

    Glenn Ackerley will lead you through an examination of the basic principles governing the Canadian law of bidding and tendering, including the origins and evolution of the Contract A/Contract B paradigm and the principle of compliance. The session will include a review of the seminal authorities such as Ron Engineering; Martel; and MJB.

    Bidding and Tendering: Advanced Issues

    An in-depth review of advanced problems in bidding and tendering including: the treatment of privilege and discretion clauses after Tercon; judicial review as a remedy; and issues surrounding the correction of tender errors.

    Construction Claims: Extras, Change of Scope

    Construction Claims: Productivity, Delay, and Impact Claims

    An in-depth analysis of common construction claims over two consecutive sessions. The first session will focus on extras and changes of scope, including the basic principles, valuation, site conditions, environmental issues and limitation issues. The second session will focus on productivity, delay and impact claims, including causes of lost productivity, quantifying the loss, critical path analysis and limitation issues.

    Special Luncheon Address
    The IO Perspective
    Marni Dicker, Executive Vice President, General Counsel and Corporate Secretary, Infrastructure Ontario

    Faculty
    Glenn W. Ackerley, WeirFoulds LLP
    W. Donald Goodfellow, Q.C., C. Arb., The Law Firm of W. Donald Goodfellow, Q.C.
    Helmut K. Johannsen, Fasken Martineau DuMoulin LLP
    Derek A. Brindle, Q.C., Singleton Urquhart LLP

  • Day 4: The Osgoode Certificate in
    Construction Law

    November 12, 2015, 8:55 a.m. - 5:00 p.m. EST

    Claims Issues, Liens and the OHSA

    Delay and Impact Claims: Quantifying the Loss

    A detailed explanation of the differing analytical approaches to evaluating losses due to delay and disruption, including the limitations of each.

    Construction Liens: Basic Principles, Cross-Canada Comparison of Key Differences

    The basic concepts and terminology underlying lien legislation, with an examination of various provincial construction lien acts and how issues such as the nature of the lien, preservation and perfection of the liens and the holdback system are addressed.

    Construction Liens: Advanced Lien Issues, Trust Claims

    You’ll hear about advanced issues involving liens, including liens on public works, sheltering, priority issues (mortgage and CRA), correcting errors in liens and trust claim issues.

    Occupational Health and Safety Issues in Construction

    An overview of the key principles and liabilities of the various parties in the construction process under the OHSA, including constructor liability and the appropriate responses to accidents and investigations.

    Special Luncheon Address
    The Rise of Third Party Providers in the Industry
    Clive Thurston, President, Ontario General Contractors Association

    Faculty
    Rick Moffat, Berkeley Research Group, LLC
    Anna Esposito, Pallett Valo LLP
    Andrew Gurlesky, McLauchlin & Associates
    W. Andrew McLauchlin, McLauchlin & Associates
    Jeremy Warning, Mathews, Dinsdale & Clark LLP

  • Day 5: The Osgoode Certificate in
    Construction Law

    November 13, 2015, 8:55 a.m. - 5:00 p.m. EST

    Construction Insurance, Surety Bonding, Arbitration and Mediation

    Construction Insurance

    Learn about the specialized insurance issues particularly relevant to the construction process, including a review and comparison of the differing types of insurance available, considerations of risk assessment and the proper choice of insurance in differing project delivery scenarios.

    Surety Bonding

    A review of the essential role of the surety in the construction process, including: the underlying principles of surety bonding; the role of the surety, the principal and the obligee; the types of bonds typically used in construction; and the legal and practical aspects of asserting claims and defences under bonds. Problematic bonded projects will also be discussed, including an examination of the surety’s proper role and function in such situations, strategies and possible repairs and best practices to efficiently resolve claims.

    Arbitrating the Construction Dispute

    Stanley Naftolin will cover an overview of the arbitration process, including an exploration of the issues surrounding arbitrator selection, the arbitration agreement, the actual arbitrated hearing of a construction dispute, and the appeal of the arbitral award. Evidentiary issues, and the treatment of expert witnesses in particular, will also be discussed.

    Mediating the Construction Dispute

    A review of the theories and principles of mediation and the role of the mediator and counsel, with particular emphasis upon the preparation and conduct of a mediation of a construction dispute.

    Special Luncheon Address
    The Perfect Construction Contract
    John G. Davies, JGD Resolutions

    Faculty
    Sharon C. Vogel, Borden Ladner Gervais LLP
    Daniel A. Boan, Borden Ladner Gervais LLP
    Stanley Naftolin, Q.C., C.S., Goldman, Sloan, Nash & Haber LLP
    Stephen R. Morrison, Stephen Richard Morrison ADR Inc.

Fees

Fees include attendance, program materials, continental breakfast, lunch and refreshments for each of the 5 days of the program. The price does not include accommodations. Please inquire about group discounts and financial assistance. Fees paid by individuals are eligible for a tuition tax credit. Dress is business casual.

Program Changes

We will make every effort to present the certificate program as advertised, but it may be necessary to change the dates, location, speakers or content with little or no notice. In the event of program cancellation, York University and Osgoode Hall Law School’s liability is limited to reimbursement of paid fees.

Certificate of Program Completion

You will receive a certificate upon completion of The Osgoode Certificate in Construction Law. Participants must attend all program modules and successfully complete the take-home assignment to receive a certificate.

Substitutions, Cancellations and Refunds

Substitution of registrants is permitted at any time. If you are unable to find a substitute, a full refund is available if a cancellation request is received in writing 21 days prior to the program date. If a cancellation request is made with less than 21 days notice, a $700 administration fee will apply. No other refund is available.

Program Lawyer

If you have any questions or would like more information please contact:
Jessica Foster
jfoster@osgoode.yorku.ca

Program Details

Date & Time

November 21-25, 2016

Location

Osgoode Professional Development Centre,  
1 Dundas St. W., 26th Floor Toronto, ON

Fee per Delegate

$3895 plus HST

Register Now

Eligible CPD Credit Hours

Questions?

Who Should Attend

  • Owners and developers
  • Builders and construction professionals
  • Architects
  • Engineers
  • Construction procurement professionals
  • Construction industry consultants
  • Mediators and arbitrators of construction disputes
  • Construction, municipal and real estate lawyers
  • In-house counsel
  • Anyone who is engaged with construction projects, whether as a project sponsor with the client, project manager, construction manager or other consultant

Back to top

“I was extremely impressed with this course. The calibre of the presenters and their ability to convey their knowledge in an engaging manner was much appreciated.”

Kristina Gardonio,
Manager, Contract Claims, Facca Inc.

Hotels & Parking

If you require accommodations in downtown Toronto, OsgoodePD has arranged Corporate Rates with several hotels within walking distance of our downtown conference centre.

Sponsor A Program

Looking for an innovative way to market your firm’s products or services?

Consider sponsoring an OsgoodePD Continuing Legal Education program or event.