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.
Upon completion of this program, you will have a solid understanding of:
November 9, 2015, 8:55 a.m. - 5:00 p.m. EST
* Registration and Continental Breakfast at 8:30 a.m.
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
Ian J. Houston, Borden Ladner Gervais LLP
Ted Betts, Gowling Lafleur Henderson LLP
Richard Wong, Osler, Hoskin & Harcourt LLP
Timothy John Murphy, McMillan LLP
November 10, 2015, 8:55 a.m. - 5:00 p.m. EST
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
Geza R. Banfai, McMillan LLP
Dražen F. Bulat, Miller Thomson LLP
Marcia J. Oliver, Advocates LLP
Gary Gibbs, Gibbs & Associates
November 11, 2015, 8:55 a.m. - 5:00 p.m. EST
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
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
November 12, 2015, 8:55 a.m. - 5:00 p.m. EST
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
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
November 13, 2015, 8:55 a.m. - 5:00 p.m. EST
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.
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
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 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.
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.
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.
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.
If you have any questions or would like more information please contact:
November 21-25, 2016
Osgoode Professional Development Centre,
1 Dundas St. W., 26th Floor Toronto, ON
$3895 plus HST
“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.”
Manager, Contract Claims, Facca Inc.
If you require accommodations in downtown Toronto, OsgoodePD has arranged Corporate Rates with several hotels within walking distance of our downtown conference centre.
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