This document provides information about an upcoming conference on managing risk in construction contracts and projects taking place on January 26-27, 2016 in Toronto. The conference will provide strategies for drafting precise contracts, allocating risk, ensuring appropriate insurance is in place, and more. Speakers will include lawyers, contractors, engineers, project managers and other professionals. Attendees can also choose to attend an additional half-day master class on drafting construction contracts or managing environmental and safety risks on projects. The event aims to help participants effectively plan for and manage risk in their construction contracts and projects.
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
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