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Now more than ever before it is vital that you know the extent of your legal rights and obligations.

Taught by over 20 senior legal and construction professionals, participants will develop a thorough understanding of the core legal issues impacting construction projects today, and be better equipped to minimize exposure to costly risk.

Held in Calgary for the first time, this unique intensive five day certificate in Construction Law covers what you need to know from contract formation through to dispute resolution.

Topics include assessing project delivery models, including EPCM contracts in the oil and gas industry, and the special considerations involved large-scale, complicated infrastructure projects; bidding and tendering, liability of the design professional, recurrent claims issues including unanticipated site conditions; quantifying delay and impact claims and dispute resolution, including mediation and arbitration.

Day 1 – April 11, 2016
Project Delivery and the Construction Contract

Day 2 – April 12, 2016
Major Projects: Mining, Oil and LNG/Design Professionals, Owners and Contractors

Day 3 – April 13, 2016
Claims, Bidding and Tendering

Day 4 – April 14, 2016
Claims Issues, Liens and Occupational Health and Safety

Day 5 – April 15, 2016
Arbitration, Mediation, Construction Insurance and Surety Bonding

Faculty

Program Director

  • Geza R. Banfai, Counsel, McMillan LLP
  • Derek A. Brindle, Singleton Urquhart LLP, Vancouver
  • W. Donald Goodfellow, Q.C., C.Arb., The Law Firm of W. Donald Goodfellow, Q.C., Calgary
  • John S. Haythorne, Dentons LLP, Vancouver
  • Patrick Heinsen, Borden Ladner Gervais, Calgary
  • Helmut K. Johannsen, Singleton Urquhart LLP, Vancouver
  • Todd Kathol, Field LLP, Calgary
  • William J. Kenny, Q.C., Miller Thomson LLP, Calgary
  • Tim Mavko, Reynolds Mirth Richards & Farmer LLP, Edmonton
  • Jennifer A. Miller, Q.C., Bennett Jones LLP, Edmonton
  • Rick Moffat, Director, Berkeley Research Group LLC, Calgary
  • Patricia L. Morrison, Borden Ladner Gervais LLP, Calgary
  • Paula Olexiuk, Osler Hoskin & Harcourt LLP, Calgary
  • Katherine Royer, Osler Hoskin & Harcourt LLP, Calgary
  • Sabri M. Shawa, Q.C., FCIArb., Jensen Shawa Solomon Duguid Hawkes LLP, Calgary
  • E. Jane Sidnell, Rose LLP, Calgary
  • Jeremy Taitinger, Reynolds Mirth Richards & Farmer LLP, Edmonton
  • E. David D. Tavender, Q.C., Dentons Canada LLP, Calgary

Agenda

  • Day 1 - The Osgoode Certificate in Construction Law
    (Western Canada Edition)

    April 11, 2016, 8:45 a.m. – 5:00 p.m.

    Project Delivery and the Construction Contract

    Delivering the Construction Project

    Expert instructors will highlight and explain both the practical and operational challenges inherent in delivering construction projects, including methodologies for aligning the often conflicting interests of the many stakeholders in the process.

    Project Delivery Models: A Comparative Analysis

    This session focuses on the detailed 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).

    Advanced Issues in Construction Contracts

    An examination of the more advanced issues involving construction contacts, including limitations of the standard forms and differing alternatives available. This session will also drill down into the key issues involving more problematic types of provisions such as indemnities, warranties and force majeure provisions.

    Project Delivery Models: EPC and EPCM

    An in-depth examination of the essence of EPCM contracts, the common risks and pitfalls and how to avoid them.

    Public-Private Partnerships

    Essential guidance on the differing types of P3 arrangements in Western Canada and across the country, including explanations of various transaction structures and what distinguishes P3s from CCDC deals.

    Faculty

    • Geza R. Banfai, McMillan LLP, Toronto
    • William J. Kenny, Q.C., Miller Thomson LLP, Edmonton, Calgary
    • E. Jane Sidnell, Rose LLP, Calgary
    • John S. Haythorne, Dentons Canada LLP, Vancouver
  • Day 2 - The Osgoode Certificate in Construction Law
    (Western Canada Edition)

    April 12, 2016, 8:55 a.m. – 5:00 p.m

    Major Projects: Mining, Oil and LNG (Part 1: Morning Session)

    Design Professionals, Owners and Contractors (Part 2: Afternoon Session)

    Major Projects — Mining, Oil, and LNG: Overcoming the Challenges

    Major projects in mining, oil and liquefied natural (LNG) present their own set of unique challenges and considerations. In the morning session on Day 2, Paula Olexiuk who has extensive experience in multi-billion dollar energy projects and transactions of national importance, will lead you through the maze, highlighting the major challenges and the best strategies and tactics to use to overcome them.

    The Owner, the Contractor and the Design Professional: Their Roles and Responsibilities

    Get an in-depth guide to the duties and obligations of the key players in the construction process – the owners of construction projects, the contractors and the design professionals – including theories of liability and defence, contractual considerations, changes over project lifespans and duties of care owed to third parties.

    Faculty

    • Geza R. Banfai, McMillan LLP, Toronto
    • Paula Olexiuk, Osler, Hoskin & Harcourt LLP, Calgary
    • Katherine Royer, Osler, Hoskin & Harcourt LLP, Calgary
    • Robert J. Simpson, Q.C., Rose LLP, Calgary
  • Day 3 - The Osgoode Certificate in Construction Law
    (Western Canada Edition)

    April 13, 2016, 8.55 a.m. – 5:00 p.m.

    Claims, Bidding and Tendering

    Bidding and Tendering: Basic Principles

    An overview of the basic principles governing 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

    You’ll get 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

    A detailed analysis of common construction claims over two consecutive sessions. The first session focuses on extras, changes of scope (including the basic principles), valuation, site conditions environmental issues and limitation clauses. In the second session the focus shifts to productivity, delay and impact claims, including causes of lost productivity, quantifying the loss, critical path issues and limitation issues.

    Faculty

    • Jeremy Taitinger, Reynolds Mirth Richards & Farmer LLP, Edmonton
    • W. Donald Goodfellow, Q.C., C.Arb., The Law Firm of W. Donald Goodfellow, Q.C., Calgary
    • Helmut K. Johannsen, Singleton Urquhart LLP, Vancouver
    • Derek A. Brindle Q.C., Singleton Urquhart LLP, Vancouver
  • Day 4 - The Osgoode Certificate in Construction Law
    (Western Canada Edition)

    April 14, 2016, 8.55 a.m. – 5:00 p.m.

    Claims Issues, Liens and Occupational Health and Safety

    Delay and Impact Claims: Quantifying the Loss

    In this session you will learn about 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 Occupational Health and Safety Act, including constructor liability and the appropriate responses to accidents and investigations. Jennifer Miller will lead you through the key principles and practical concerns in this complex web of legal rules and regulations.

    Faculty

    • Rick Moffat, Director, Berkeley Research Group LLC, Calgary
    • Patricia L. Morrison, Borden Ladner Gervais LLP, Calgary
    • Tim Mavko, Reynolds Mirth Richards & Farmer LLP, Edmonton
    • Jennifer A. Miller, Q.C., Bennett Jones LLP, Edmonton
  • Day 5 - The Osgoode Certificate in Construction Law
    (Western Canada Edition)

    April 15, 2016, 8.55 a.m. – 5:00 p.m.

    Arbitration, Mediation, Construction Insurance and Surety Bonding

    Construction Insurance

    A detailed review and analysis of the specialized insurance issues particularly relevant to the construction process, including a 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

    In this session you will learn about the essential role of the surety in the construction process, including: the underlying principles of surety bonding; the role of the surety, the principle 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.

    Mediating the Construction Dispute

    You will learn about 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 and those practical considerations that must be borne in mind in a mediation situation.

    Arbitrating the Construction Dispute

    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.

    Faculty

    • Patrick Heinsen, Borden Ladner Gervais, Calgary
    • Todd Kathol, Field LLP, Calgary
    • Sabri M. Shawa Q.C., FCIArb., Jensen Shawa Solomon Duguid Hawkes LLP, Calgary
    • E. David D. Tavender, Q.C., Dentons Canada LLP, Calgary

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.

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. Payment plan details below. 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.

Cancellations and Substitutions

If you are unable to attend the program your organization may name a replacement. A full refund will be issued for cancellations received a minimum of 21 days before the program start date. Written cancellations received after March 21, 2016 will include an administration charge of $700. No refunds will be issued after the program commences. Non-attendance or withdrawal after the program start date will incur a full program fee. Payment must be received by March 28, 2016.

Program Lawyer

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

Program Details

Date & Time

April 11 – 15, 2016

Location

University of Calgary
Downtown Campus
906-8th Avenue SW
Calgary, Alberta

Fee per Delegate

$3795 plus GST

Registration for this program is now closed.

Eligible CPD Credit Hours

Who Should Attend

  • Owners and developers
  • In-house counsel/lawyers in private practice whose focus is construction, infrastructure and/or procurement
  • Construction industry professionals
  • Architects
  • Engineers
  • Construction industry consultants
  • Mediators and arbitrators of construction disputes
  • Anyone who is engaged with construction projects, whether as a project sponsor with the client, project manager, construction manager or other consultant

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CCA WEB

This program has been
accredited by CCA’s Gold
Seal Certification program for
6 Special Industry
Course credits.

What past attendees have said about the certificate…

“A fantastic overview of construction law. Lots of topics covered and exceptional speakers”
Dave Morrison, Siemens Canada Limited

“The calibre of the instructors is first rate!”
Guenther Muller, Manager, Contract Services, Yukon Government

“Speakers were very clear and direct with their information and answered questions in great detail – an A+!”
Rocco Micciola, Controller, Limen Group Limited

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