managing risk in construction contracts and projects - 2016 brochure

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CPDHOURS@CI_Legal #CIContracts The Canadian Legal Network

CO-CHAIRS

Day 1

Brendan D. BowlesManaging Partner, Construction LawGlaholt LLP

Day 2

Michele KiddVice President and General CounselEllisDon

MANAGING RISK IN CONSTRUCTION CONTRACTS

AND PROJECTS

The Canadian Institute’s

January 26–27, 2016 | Marriott Bloor Yorkville | Toronto

TOP REASONS TO ATTEND Hear strategies for success directly from legal thought leaders

and leading industry stakeholders on managing risk in construction contracts and projects

Keep abreast of critical construction law reforms in Canada and Ontario

Learn about effective methods of allocating risk related to cost, scheduling, insurance, and site contamination

INTERACTIVE MASTER CLASSESA Drafting Precise Construction Contracts

B Managing Environmental and Occupational Health and Safety Risks on Construction Projects

Supported by:Sponsored by:

DISTINGUISHED FACULTYCo-Chairs

Brendan D. Bowles Managing Partner, Construction LawGlaholt LLP


Speaker Faculty

Gerry RussManaging Director, National Construction Leader, Marsh Canada Limited

Brian SwartzExecutive Vice President, Legal and Commercial Services, Aecon Group Inc.

Maurice George AudetSenior Vice President Aon Reed Stenhouse Inc.

Geza R. Banfai Counsel, Construction Law, McMillan LLP

Matthew CookFounder and President Cook Advisory Services Inc.

Edward G. (Ted) BettsPartner, Construction LawGowling Lafleur Henderson LLP

Janet L. BobechkoPartner, Chair of Environmental Law GroupBlaney McMurtry LLP

Lisa Hough, P. Eng.Project Manager, GHD

Marlon Bray, MRICS, PQSDirector, Cost Consulting and Project Management, Altus Group Limited

Steven D. NessPresident, Surety Association of Canada

Daniel A. BoanPartner, Construction LawBorden Ladner Gervais LLP

J. Gerard Boyle, GSC Vice PresidentRevay and Associates Limited

Catherine DiMarco Partner, Construction Law, Heal & Co. LLP

David McCutcheonPartner, Alternative Dispute ResolutionDentons Canada LLP

Christopher LarkinSenior Managing DirectorFTI Consulting

Post-Conference Master Class Leaders

Yonni FushmanVice President & Assistant General CounselAecon Group Inc.

Rosalind H. CooperPartner, Environmental Law, and Occupational Health and Safety LawFasken Martineau DuMoulin LLP

WHO SHOULD ATTEND:• Risk Managers

• Lawyers

• Contract Administrators

• Engineers

• Senior Executives of Construction Companies

• Project Managers

• Construction Managers

• Procurement Specialists

• Contract Specialists

• Contract Managers

• Estimators

• Surety Professionals

• Insurance Brokers

• Risk Analysts

• Construction Consultants

• Construction Associations

MANAGING RISK IN CONSTRUCTION CONTRACTS AND PROJECTS

Register at 1-877-927-7936 (416-927-7936) • CanadianInstitute.com/TOConstructionContracts @CI_Legal #CIContracts

Attend The Canadian Institute’s Managing Risk in Construction Contracts and Projects event to learn the most effective ways to plan for

risk, draft precise contracts, and ensure that the appropriate insurance coverage is in place for your construction contracts and projects.

Hear from interdisciplinary professionals who are experts in managing risk in construction contracts and projects. Gain practical advice from owners, contractors, engineers, quantity surveyors, project managers, lawyers, and insurance professionals.

PROGRAM HIGHLIGHTS:

Evolution of contract types and structures

Contract design and language

Effective methods of allocating risk

Updates in construction law

Challenges in schedule management

The risk of cost overruns

Insurance issues and surety bonds

Environmental and contamination risks

Construction contract dispute resolution

PRACTICAL TRAINING:

Extend your learning by taking a half day post-conference Master Class on Drafting Precise Construction Contracts. Leave equipped with practical training on how to draft outstanding clauses to cover scope, allocate risk, and resolve disputes in construction contracts. In addition, attend a Master Class on Managing Environmental and Occupational Health and Safety Risks on Construction Projects and gain practical training on managing water risks at construction sites, addressing OHSA issues, and dealing with various regulators.

Don’t miss this opportunity to have your questions answered by some of the leading experts in this area and to ensure that you have the critical information you need to manage risk in your construction contracts and projects.

We look forward to meeting you in January 2016!

To receive exclusive discounts, program updates and offers, join our email list at www.canadianinstitute.com/emaillist

SPONSORSHIP & EXHIBITION OPPORTUNITIESMaximize your organization’s visibility in front of key decision-makers in your target market. For more information, contact Director of Business Development Daniel Gellman at 416-927-0718 ext. 7389, toll-free 1-877-927-0718 ext. 7389 or by email at [email protected]

Register at 1-877-927-7936 (416-927-7936) • CanadianInstitute.com/TOConstructionContracts

• Identifying design risks associated with large projects • Implementing different types of risk allocation based on

project delivery methods• Is “risk allocation” too simplistic? Blurring the line when

management of risk is a shared responsibility

12:20 Networking Luncheon for Speakers and Delegates

1:30 What’s New in Construction Law?Brendan D. BowlesManaging Partner, Construction LawGlaholt LLP

Edward G. (Ted) BettsPartner, Construction LawGowling Lafleur Henderson LLP

• Construction Lien Act reform • Changing construction landscape and case law updates,

including:- Sattva Capital Corp. v. Creston Moly Corp.- Bhasin v. Hrynew- Hickey’s Building Supplies Ltd. v. Sheppard

2:30 Environmental Risks, Regulations, and ComplianceJanet L. BobechkoPartner, Chair of Environmental Law GroupBlaney McMurtry LLP

Lisa Hough, P. Eng.Project ManagerGHD

• Performing your due diligence to properly identify contamination risks

• Unforeseen site conditions and dealing with soil and groundwater contamination

• Managing remediation and construction• Regulatory and risk issues for soil management• Managing contamination risk• Environmental insurance • Pollution liability and remediation coverage

3:30 Networking Refreshment Break

3:50 Managing the Risk of Cost Overruns Marlon Bray, MRICS, PQSDirector, Cost Consulting and Project ManagementAltus Group Limited


@CI_Legal #CIContracts

DAY ONE • TUESDAY, JANUARY 26, 2016

7:45 Registration Opens and Refreshments are Served

8:45 Opening Remarks from the Co-Chair

9:00 Changing Faces of Risk Gerry RussManaging Director, National Construction LeaderMarsh Canada Limited

• The evolution of contract structure• Factors that drive choice of contract type by owners• Assessment, mitigation, and management• The tools at hand to help manage a contractor’s approach


10:20 Negotiating Contracts: Contract Design and LanguageBrian SwartzExecutive Vice PresidentLegal and Commercial ServicesAecon Group Inc.

Maurice George AudetSenior Vice President Aon Reed Stenhouse Inc.

• Definingthescopewithclaritytoavoiddisputesandcommon pitfalls

• Drafting clauses appropriately for various contractual models

• Adding supplementary conditions to CCDC standard contract forms

• Specifying quality requirements to mitigate risk• Avoiding killer clauses

11:20 Risk AllocationGeza R. Banfai Counsel, Construction LawMcMillan LLP

Matthew CookFounder and President Cook Advisory Services Inc.

• “Pricing” inappropriate risk allocation: the real costs• Allocating risk fairly and to those most suited to absorb it

- Ability of insurance to mitigate risks- Areas where insurance does not provide practical help

• Unfair risk allocation hidden in plain sight

Register at 1-877-927-7936 (416-927-7936) • CanadianInstitute.com/TOConstructionContracts

• Managing costs during the pre-construction period• Exercisingduediligencewithfinancialplanning:

accurate cost estimating, budgeting, and management• Negotiating Guaranteed Maximum Price (GMP) contracts• Mitigating the risk of cost overruns• Recognizing and addressing changes during construction• Preserving potential claims• Dealing with cost claim issues

4:50 Closing Remarks from the Co-Chair Conference Adjourns

DAY TWO • WEDNESDAY, JANUARY 27, 2016

8:15 Refreshments are Served

8:45 Opening Remarks from the Co-Chair

9:00 Surety Bonds and Insurance IssuesSteven D. NessPresidentSurety Association of Canada

Daniel A. BoanPartner, Construction LawBorden Ladner Gervais LLP

• How surety bonds respond to construction risk• Types of surety protection available• Myths and misunderstandings about bonds• Making a claim under a bond• What’s new in the world of surety • Managing the risk of a contractor’s failure• Builder’s risk policy issues• Professional liability claims: scope of coverage• Insurance coverage for risks associated with pollution


10:15 Addressing Challenges in Schedule Management J. Gerard Boyle, GSCVice PresidentRevay and Associates Limited

• Contractuallydefiningtheschedulingrequirements• Does the contract delivery method alter schedule

requirements and expectations?• How to successfully implement an effective schedule

and project controls system• Addressing unrealistic schedules and time frames• Contemporaneously incorporating time effects and costs

into change orders• Effective reporting of schedule problems to management

11:15 Construction Contract Dispute Resolution Catherine DiMarco Partner, Construction LawHeal & Co. LLP

David McCutcheonPartner, Alternative Dispute ResolutionDentons Canada LLP

Christopher LarkinSenior Managing DirectorFTI Consulting

• Step negotiation and using dispute resolution clauses in your construction contract effectively – one size does not fitall

• How to deal with disputes when they arise• Large infrastructure project litigation• Alternatives to litigation: mediation and arbitration• The role of the mediator and the arbitrator

12:15 Closing Remarks from the Co-Chair Conference Concludes

@CI_Legal #CIContracts The Canadian Legal Network

This program can be applied towards 8.5 of the 12 hours of annual Continuing Professional Development (CPD) required by the Law Society of Upper Canada. Please note that these CPD hours are not accredited for the New Member Requirement.

This program has been approved by the Law Society of Saskatchewan for 8.5 CPD hours for the conference. Members will also receive 3 additional CPD credit hours for the attendance at the workshop.

The same number of hours may be applied toward your continuing legal education requirements in British Columbia.

The Barreau du Quebec automatically recognizes the same number of hours for this training activity, the latter having been accredited by another Law Society subject to MCLE.

Attendance at this program by members of the Law Society of Alberta may be submitted to the Law Society for Continuing Professional Development credits.

EARN

CPDHOURS

SUPPORTED BY:The Surety Association of Canada (SAC) is the national trade advocacy association that represents the interests of the surety industry across Canada. Itsmembers consist of primary surety firms, surety reinsurers,surety/insurance brokers, and other organizations that provide related and complementary services to the surety industry. www.suretycanada.com

Looking to get a competitive advantage? Want to improve your bottom line? The Ontario General Contractor Association’s courses, seminars and webinars are designed

specifically for construction businesses. Our instructors are industry leaders and ourcurriculum constantly changes to include the latest issues and opportunities. Visit our website at ogca.ca/education to see our course listing and register today!

SPONSORED BY:FTI Consulting is a leading global provider of commercial management and dispute resolution services on large, complex projects across all construction and engineering industries. Our professionals are industry

leaders and seasoned testifying experts, representing top talent across disciplines, including engineers, accountants, quantity surveyors, scheduling specialists, cost engineers, and project managers. With services including claims management, scheduling analysis, labor productivity analysis and commercial management, FTI Consulting brings the expertise needed to control and monitor both time and costs.www.fticonsulting.com

INTERACTIVE MASTER CLASSES (Please select A OR B) WEDNESDAY, JANUARY 27, 2016 | 1:30 PM – 4:30 PM (Registration Opens at 1:00 PM)

A Drafting Precise Construction ContractsLet the Money Be Your Guide: A Bottom-Line Perspective on Risk in Construction Contracts

Master Class Leader:

Yonni FushmanVice President & Assistant General CounselAecon Group Inc.• Distinguishing those terms in construction contracts that

lawyers tend to focus on from the terms that actually make orlosemoneyinthefield

• Identifyingcommonscenariosthatleadtofinanciallossand how to address them in the contract

• Recognizing effective collaboration between lawyers and project-facing personnel in identifying the money terms in the contract

• Learning how to address deal-breakers without breaking the deal

• Discovering practical tips to use the subcontract as an effective risk management tool

Lunch will be served to those attending a master class following the main conference.

B Managing Environmental and Occupational Health and Safety Risks on Construction ProjectsMaster Class Leader:

Rosalind H. CooperPartner, Environmental Law, and Occupational Health and Safety Law, Fasken Martineau DuMoulin LLP

• Understanding how your contract matters • Managing water at construction sites – one of the biggest

exposure risks • Reviewing construction projects and constructors –

some creative ideas to address OHSA issues • Reviewing permits, approvals and other legal requirements • Dealing with the regulators, including the Ministry of

Labour, Ministry of the Environment and Climate Change, Ministry of Natural Resources and Forestry, Environment Canada, and municipalities

• Dealing with the neighbours • Learning how to effectively manage incidents and avoid

liability

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VENUE: Toronto Marriott Bloor Yorkville HotelADDRESS: 90 Bloor Street East, Toronto, ONTEL.: 416-961-8000

Hotel ReservationsFor information on hotel room availability and reservations, please go to www.canadianinstitute.com/marriott2015 and enter your preferred dates. For additional assistance, please contact the Marriott Bloor Yorkville at (416) 961-8000 and request the ‘Canadian Institute’s Preferred Corporate Rate’. Corporate/Promotional Code is “KN8”.

Registration FeeThe fee includes the program, all program materials, coffee breaks and lunches.

Payment PolicyPayment must be received in full by the program date to ensure admittance. All discounts will be applied to the Program Only fee (excluding add-ons), cannot be combined with any other offer, and must be paid in full at time of order. Group discounts available to 3 or more individuals employed by the same organization, who register at the same time. For more information on group rates, please call 1-877-927-7936.

Cancellation and Refund PolicyYou must notify us by email at least 48 hrs in advance if you wish to send a substitute participant. Delegates may not “share” a pass between multiple attendees without prior authorization. If you are unable to find a substitute, please notify The Canadian Institute in writing no later than 10 days prior to the program date and a credit voucher will be issued to you for the full amount paid. Credit Vouchers are valid for 1 year and are redeemable against any other program by The Canadian Institute. If you prefer, you may request a refund of fees paid less a 25% service charge. No credits or refunds will be given for cancellations received after 10 days prior to the program date. The Canadian Institute reserves the right to cancel any program it deems necessary and will, in such event, make a full refund of any registration fee, but will not be responsible for airfare, hotel or other costs incurred by registrants. No liability is assumed by The Canadian Institute for changes in program date, content, speakers or venue.

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MANAGING RISK IN CONSTRUCTION CONTRACTS

AND PROJECTS


MANAGING RISK IN CONSTRUCTION CONTRACTS AND PROJECTS


@CI_Legal #CIContracts

WHY YOU SHOULD ATTEND1 Hear strategies for success directly from legal thought leaders and leading industry stakeholders on

managing risk in construction contracts and projects

2 Insulate your construction contracts and projects by identifying risks related to cost, scheduling, and site contamination

3 Learn how to draft outstanding clauses to cover scope, allocate risk, and resolve disputes in construction contracts

4 Keep abreast of critical construction law reforms in Canada and Ontario

5 Ensure that the appropriate insurance coverage is in place for your construction contracts and projects



managing risk in construction contracts and projects - 2016 brochure

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