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Wednesday, October 29th, 2008
Crowne Plaza Hotel
Toronto Don Valley
Tendering, Liens, Contracts & Risk
ConferenCe Chair: SponSored by:
Paul Sandori, Revay & Associates Ltd.
expert panel:
Glenn Ackerley, WeirFoulds LLP
Rocco Sebastiano, Osler, Hoskin & Harcourt LLP
Clive Thurston, Ontario General Contractors Association
Audrey Warner, McLauchlin & Associates
Register on-line at www.lawtalk.ca or call 416-512-3807
critical workshop for the
A
construction industry and its advisors
On any construction project the risks are extensive, and even the smallest dispute can bring work to a
grinding halt, affect the viability of the project, and put everyone working on the project in jeopardy. The
key to success is effective management of any concern that may arise.
Join your colleagues for this one-day workshop and learn strategies for assessing risk, and tackling contracts,
tendering and liens. We will address fundamental industry issues and offer the latest updates on recent court
cases. Learn how these findings will affect the way you do business now and on future projects.
Our panel of nationally-recognized experts will share their knowledge and provide you with the tools to
master the legal complexities of any project to avoid pitfalls, accomplish your objectives, and improve
your profitability.
Construction Law Update is approved for 7.5
NEW! Free 6-month
trial subscription to the
Any Questions? CORE learning hours under the OAA Continuing
Education Program.
Construction Law Update Call: 416-512-3807
News Bulletin with your E-mail: york@mmart.com
attendance!
Must attend event for:
• Architects • In-house Counsel
• General Contractors • Contract Lawyers
• Consultants to the Construction Industry • Owners and Developers
• Builders/Developers • Engineers
• Construction Lawyers • Subcontractors
Paul Sandori, Dipl. Ing. Arch. OAA Glenn Ackerley, WeirFoulds LLP. Rocco Sebasti
RIBA FRAIC, Revay & Associates Ltd. Glenn is a partner with WeirFoulds LLP, Harcourt LLP.
Paul is an architect and senior consultant representing public and private owners, Osler’s Energy G
with Revay and Associates Ltd. The developers, contractors, subtrades, the firm’s Constr
firm specializes in project management, suppliers, and consultants in a variety of Group. Rocco’s
scheduling and progress monitoring on new projects, construction-related matters, including construction lien in energy, construction, engin
with particular expertise in claims assessment. Paul has and trust claims, and deficiency and delay claims in both and infrastructure project ma
investigated building deficiencies, construction delays the ICI and residential sectors. He regularly advises on experience on a wide range o
and contract administration issues on a number of major project structures, construction and consultant contracts, acted for various project part
buildings and acted as expert witness in numerous procurement issues, and risk-avoidance strategies. developers, contractors, oper
lawsuits. He successfully mediated, adjudicated or and engineers. His project ex
Glenn is a Director of the Toronto Construction Association
arbitrated many construction disputes. He is editor of the and internationally, includes p
and Chair of its Allied Professions’ Division, and is active in
Construction Law Letter, a publication he co-founded in major buildings, civil and pub
the Construction Advisory Council. He taught Construction
1984. He has co-authored a book on tendering law and construction, operation and m
Law at Ryerson University’s Department of Architectural
practice, and has written a number of technical papers on involvement in energy and inf
Science for many years, is an instructor for the Admission
various construction issues, and a book on Mechanics.
Course of the Ontario Association of Architects, and
presented at the Annual Symposium of the Ontario General
Contractors Association.
Contracts, Tendering, Risk and Claims
v 8:00 a.m. v 10:30 a.m. – 10:45 a.m. • CCDC2:
- Key Changes, Key Clauses
Registration & Coffee Refreshment Break
- CCDC Construction Management
Documents
v 8:45 a.m. v 10:45 a.m. – 12 noon - The Importance of CCDC / CCA documents:
Welcome & Opening Remarks The One-Hour Lien Expert the advantages & disadvantages
Conference Chair: • Engineering Procurement & Construction
Understand the finer details of the Construction
Paul Sandori, Revay & Associates Ltd. (EPC) Contracts
Lien Act – most importantly where it applies,
and where other remedies are required. Key • Types of Contracts, and how they apply to
Design/Build & Other Trends
v 9:00 a.m. – 10:30 a.m. findings in recent cases have impacted lien
law, and the relevant implications will be
What’s New in the Law discussed in light of the following: v 2:30 p.m. – 2:45 p.m.
of Tendering • Phased Projects Refreshment Break
In the last few years, there have been • Pitfalls
important court cases dealing with • Release of holdback
various aspects of the law of tendering. • Deliverables
v 2:45 p.m. – 4:00 p.m.
Understanding the legal issues, and the • Financial obligations Risk Management
steps that led to litigation, may mean the
difference between a smooth process
Strategies
leading to contract award and years of v 12 noon – 1:00 p.m. Understanding your risk exposure is a key
litigation! The session will start with a review element in any project. What are the most
Networking Luncheon effective clauses for your specific purpose, and
of basic principles and latest trends and
developments, then delve into: when should they be applied? Recent case
• RFPs — what are the rules? Are there any v 1:00 p.m. – 2:30 p.m. findings shed light on these topics and more:
• Allocation of risk in various project delivery
rules?
Contracts systems
• What the industry is saying about today’s
Most construction contracts make the • Identifying key risks at each stage of the
bidding practices: what’s good, what’s bad
consultant, in the first instance, the construction process
• A survey of recent significant cases and interpreter of the contract, the judge of its
what they mean, including: • Escalation Clauses
performance, and the payment certifier.
- Design Services v Canada: are What are the limits of the consultant’s - Weather / Climate / Force Majeure
subcontractors and consultants out of authority? A recent decision of the Ontario - LEED Certification / Building
luck? How do you organize your bid Superior Court of Justice thoroughly Performance / Other Green Issues
team to avoid being out of court? examines this issue. The expert panel will
- Tercon Contractors Ltd. v B.C.: is interpret the ramifications of this finding, and v 4:00 p.m.
“Contract A” dead, or will the Supreme present updates on:
Court of Canada keep it alive?
Conference Adjourns
iano, Osler, Hoskin & Clive N. Thurston, Ontario General Audrey Warner, McLauchlin &
. Rocco is Co-Chair of Contractors Association. Clive is the Associates. Audrey Warner is engaged in
Group and a member of President of the Ontario General Contractors all areas of Construction Law, with a focus
ruction and Infrastructure Association (since 2002), and a Certified Gold on construction litigation; representing
practice concentrates Seal Project Manager, Arbitrator Mediator, owners, developers, contractors and
neering, procurement Building Code Official, and Architectural Technologist. subcontractors. Audrey is also a member of the teaching
atters. He has extensive Clive held the position of By-Law/Building Official with the faculty at the University of Waterloo, a past lecturer for
of major projects and has City of Brampton and was the Chief Building Official for the University of Toronto’s School of Architecture and
ticipants, including owners, Prince Edward County before becoming President of the the author of a number of articles on construction law
rators, lenders, architects OGCA. His duties include facilitating disputes between topics. An accomplished speaker, Audrey regularly
xperience, both nationally project partners, promoting education, and providing speaks at seminars, workshops and conferences for the
public-private partnerships, advice on contracts. As a strong believer in consultation Construction Industry.
blic works design, not confrontation, Clive promotes policies that help all
maintenance, with extensive stakeholders within the construction industry.
frastructure projects.
Clive has been appointed to the Editorial Board of the
Daily Commercial News, Building Advisory Committee and
the Construction Advisory Committee to Minister Caplan.
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Crowne Plaza Hotel Toronto Don Valley
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Law Update News Bulletin, visit our website at www.lawtalk.ca or call (416)-512-3807.
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