Managing Risk in Construction Contracts and Projects - 2016 Brochure
- 1. REGISTER NOW 1-877-927-7936 | CanadianInstitute.com/TOConstructionContracts EARN CPD HOURS@CI_Legal #CIContracts The Canadian Legal Network CO-CHAIRS Day 1 Brendan D. Bowles Managing Partner, Construction Law Glaholt LLP Day 2 Michele Kidd Vice President and General Counsel EllisDon 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 CLASSES A Drafting Precise Construction Contracts B Managing Environmental and Occupational Health and Safety Risks on Construction Projects Supported by:Sponsored by:
- 2. DISTINGUISHED FACULTY Co-Chairs Brendan D. Bowles Managing Partner, Construction Law Glaholt LLP Michele Kidd Vice President and General Counsel EllisDon Speaker Faculty Gerry Russ Managing Director, National Construction Leader, Marsh Canada Limited Brian Swartz Executive Vice President, Legal and Commercial Services, Aecon Group Inc. Maurice George Audet Senior Vice President Aon Reed Stenhouse Inc. Geza R. Banfai Counsel, Construction Law, McMillan LLP Matthew Cook Founder and President Cook Advisory Services Inc. Edward G. (Ted) Betts Partner, Construction Law Gowling Lafleur Henderson LLP Janet L. Bobechko Partner, Chair of Environmental Law Group Blaney McMurtry LLP Lisa Hough, P. Eng. Project Manager, GHD Marlon Bray, MRICS, PQS Director, Cost Consulting and Project Management, Altus Group Limited Steven D. Ness President, Surety Association of Canada Daniel A. Boan Partner, Construction Law Borden Ladner Gervais LLP J. Gerard Boyle, GSC Vice President Revay and Associates Limited Catherine DiMarco Partner, Construction Law, Heal & Co. LLP David McCutcheon Partner, Alternative Dispute Resolution Dentons Canada LLP Christopher Larkin Senior Managing Director FTI Consulting Post-Conference Master Class Leaders Yonni Fushman Vice President & Assistant General Counsel Aecon Group Inc. Rosalind H. Cooper Partner, Environmental Law, and Occupational Health and Safety Law Fasken 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 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 OPPORTUNITIES Maximize 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 D.Gellman@CanadianInstitute.com
- 3. 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. Bowles Managing Partner, Construction Law Glaholt LLP Edward G. (Ted) Betts Partner, Construction Law Gowling 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 Compliance Janet L. Bobechko Partner, Chair of Environmental Law Group Blaney McMurtry LLP Lisa Hough, P. Eng. Project Manager GHD • 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, PQS Director, Cost Consulting and Project Management Altus Group Limited Michele Kidd Vice President and General Counsel EllisDon @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 Russ Managing Director, National Construction Leader Marsh 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 10:00 Networking Refreshment Break 10:20 Negotiating Contracts: Contract Design and Language Brian Swartz Executive Vice President Legal and Commercial Services Aecon Group Inc. Maurice George Audet Senior Vice President Aon Reed Stenhouse Inc. • Defining the scope with clarity to avoid disputes and common 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 Allocation Geza R. Banfai Counsel, Construction Law McMillan LLP Matthew Cook Founder 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
- 4. Register at 1-877-927-7936 (416-927-7936) • CanadianInstitute.com/TOConstructionContracts • Managing costs during the pre-construction period • Exercising due diligence with financial planning: 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 Issues Steven D. Ness President Surety Association of Canada Daniel A. Boan Partner, Construction Law Borden 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 10:00 Networking Refreshment Break 10:15 Addressing Challenges in Schedule Management J. Gerard Boyle, GSC Vice President Revay and Associates Limited • Contractually defining the scheduling requirements • 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 Law Heal & Co. LLP David McCutcheon Partner, Alternative Dispute Resolution Dentons Canada LLP Christopher Larkin Senior Managing Director FTI Consulting • Step negotiation and using dispute resolution clauses in your construction contract effectively – one size does not fit all • 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 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 CPD HOURS SUPPORTED BY: The Surety Association of Canada (SAC) is the national trade advocacy association that represents the interests of the surety industry across Canada. Its members 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 our curriculum 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 commercialmanagementanddisputeresolutionservices 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
- 5. 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 Contracts Let the Money Be Your Guide: A Bottom-Line Perspective on Risk in Construction Contracts Master Class Leader: Yonni Fushman Vice President & Assistant General Counsel Aecon Group Inc. • Distinguishing those terms in construction contracts that lawyers tend to focus on from the terms that actually make or lose money in the field • Identifying common scenarios that lead to financial loss and 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 Projects Master Class Leader: Rosalind H. Cooper Partner, 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 ©The Canadian Institute, 2015 YES! Register the following delegate for MANAGING RISK IN CONSTRUCTION CONTRACTS AND PROJECTS CONTACT DETAILS PAYMENT DETAILS PLEASE ADD 13% HST TO ALL ORDERS 1 2 3 NAME POSITION ORGANIZATION ADDRESS CITY PROVINCE POSTAL CODE TELEPHONE FAX EMAIL TYPE OF BUSINESS NO. OF EMPLOYEES APPROVING MANAGER POSITION Please charge my o VISA o MasterCard o AMEX o DISCOVER CARD NUMBER EXP. 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Beneficiary: The Canadian Institute Bank Name: HSBC / Account #: 055319-001 Address: 150 Bloor St, Suite M100, Toronto, ON Swift Code: HKBCCATT / Transit #: 10362 / Bank #: 016 ADMINISTRATIVE DETAILS VENUE: Toronto Marriott Bloor Yorkville Hotel ADDRESS: 90 Bloor Street East, Toronto, ON TEL.: 416-961-8000 Hotel Reservations For 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 Fee The fee includes the program, all program materials, coffee breaks and lunches. Payment Policy Payment 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 Policy You 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. Call 1-877-927-7936 for Group or Special Industry Pricing Options CALL, EMAIL, VISIT OUR WEBSITE, OR REGISTER BY MAILING/FAXING FORM BELOW: PROGRAM CODE: 330L16-TOR
- 6. 1175580 ATTENTION MAILROOM: If undeliverable to addressee, please forward to: Counsel, Associate, Lawyer, Project Manager, Contract Specialist/Manager, Risk Analyst, Estimator 5 Easy Ways to Register PHONE: 1-877-927-7936 or 416-927-7936 EMAIL: CustomerService@ CanadianInstitute.com ONLINE: CanadianInstitute.com/ TOConstructionContracts FAX: 1-877-927-1563 or 416-927-1563 MAIL: The Canadian Institute 1329 Bay Street, Toronto Ontario M5R 2C4 To expedite your registration, please mention your Registration Code 330L16.S MANAGING RISK IN CONSTRUCTION CONTRACTS AND PROJECTS The Canadian Institute’s MANAGING RISK IN CONSTRUCTION CONTRACTS AND PROJECTS The Canadian Institute’s WHY YOU SHOULD ATTEND 1 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 January 26–27, 2016 | Marriott Bloor Yorkville | Toronto January 26–27, 2016 | Marriott Bloor Yorkville | Toronto