This half-day seminar is specifically tailored for lawyers who advise construction industry clients on the front-end of a project before the work starts. Seven leading practitioners will guide you through the hot topics that you must be conversant with in order to help your clients mitigate and manage the significant risks encountered in large construction projects
9:00 a.m. Introductory Remarks
9:05 a.m. Six Purposes for the Written Construction Contract
• From “record of the deal” to “codification of industry best practices”: the multiple roles which the written agreement plays in the construction process
• How the written agreement is viewed by the owner/ construction executive client
• Issues and concerns with standard forms
Geza R. Banfai, Blaney McMurtry LLP
9:30 a.m. Alternative Project Delivery Methods and Public-Private Partnerships
• Construction Management: key attributes, advantages and disadvantages vs. contractor relationship, drafting tips
• Engineering, procurement and construction contracts: key provisions, EPC contracts in the Ontario energy market
• P3 arrangements: risk allocation, risk transfer, differences with CCDC stipulated price contracts, contractor as consortium/lead participant, subcontractors, design risk, key differences in role of architect/consultant
Jody K. Becker, Counsel, EllisDon Corporation - Mississauga
Timothy J. Murphy, McMillan LLP
10:20 a.m. Procurement Issues
• The growing importance of limiting and exclusionary clauses in bid documents
• Key relationships and duties among owners, contractors, subcontractors and others involved in the process
• How to deal with non-compliance and the “fairness” obligation in procurement
Glenn W. Ackerley, WeirFoulds LLP
10:45 a.m. Break
11:00 a.m. Risk Allocation in High Risk Projects
• Shifts in the risk tolerance of major contractors
• New and more expansive limits of liability
• Applicability of standard form contracts to the new limits
D. Robert Beaumont, Osler, Hoskin & Harcourt LLP
11:25 a.m. Insurance and Bonding
• Performance Bonds, Labour & Material Payment Bonds, Bid Bonds
• Alternatives to bonding – contractor and subcontractor default insurance
• Exclusions from coverage – faulty work, materials or design
Ian J. Houston, Borden Ladner Gervais LLP
11:50 a.m. Dispute Resolution
• Arbitration clauses
• Mediation
• Dispute Resolution Boards (“DRB’s”)
• Adjudication
Duncan W. Glaholt, Glaholt LLP
12:15 p.m. Questions
12:30 p.m. Program Concludes
