6th Annual Conference on Managing Risk in Construction Contracts & Projects, East - DS

EARN CPD CREDITS

February 24–25, 2022 (EST) | Virtual Conference

6th Annual Conference on

MANAGING RISK IN CONSTRUCTION CONTRACTS & PROJECTS

Eastern Canada Edition

An essential guide for construction lawyers and industry professionals

GAIN INSIGHT FROM LEADING EXPERTS:

Giovanni Cautillo

President Ontario General Contractors Association

Paul Dipede

General Counsel Corebuild Construction

Ian Marshall

Vice President, Commercial & Legal Bot Construction Group

Tara Wishart

Manager, Contract Surety Claims, Ontario/Atlantic Region Intact Insurance

Highlights for 2022:

Lindsay Worton

IPD + Continuous Improvement Coach Chandos Construction

SUPPORTED BY:

ç How the Amended Ontario Construction Act has changed the landscape of construction contracts and how risks are being mitigated

ç Assessing the Risks, Challenges and Benefits Associated with Integrated Project Delivery and Other Delivery Models

ç Rethinking the Approach to Dispute Resolution to Resolve Problems and Avoid Going to Court

ç Allocating Risk and Discerning the Role of Subtrades in Construction Projects

PREMIUM EXHIBITION:

ç Practical Tips on Construction Liens: Lesser-Known Pitfalls and Where Companies Go Wrong

Register Now

CanadianInstitute.com/ConstructionRiskEast • 1 877 927 7936

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WHO SHOULD ATTEND

Ensure you have the strategies in place to remedy disputes and effectively manage and contain your construction project risk.

The Canadian Institute’s 6th Annual Managing Risk in Construction Contracts & Projects, Eastern Canada Edition virtual conference will bring together in-house counsel, construction managers, architects, and engineers to share insights and practical strategies on how to mitigate risk from contract negotiation to the completion of the project.

With critical challenges including the ramifications of the COVID-19 pandemic and the impact of the recently amended Ontario Construction Act, this mustattend event is your opportunity to improve your contracting knowledge, understand how to respond to new policies, and avoid costly litigation.

Gain risk management skills to use in your daily practice with sessions including:

In-House Counsel Private Legal Practitioners Project Managers Risk Managers Contract Administrators, Managers, and Specialists Engineers and Architects Construction Managers Procurement Specialists Construction Consultants Construction Associations

Legal Accreditation This 2-day conference program can be applied towards 8.5 of the 9 substantive hours, as well as 1 of the 3 professionalism hours of annual Continuing Professional Development (CPD) as required by the Law Society of Ontario.

EARN CPD CREDITS

ç Exploring the ramifications of delays due to COVID-19 and the effects of broken supply chains,

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

ç How to manage the legal risks and liability implications of Building Information Modeling

The Barreau de Québec recognizes this training activity, the latter having been accredited by another Law Society subject to the MCLE.

reduced workforce, and procurement difficulties

ç Tips, trends and tools to control risk at the procurement stage ç Practical strategies to protect project outcomes with a focus on surety bonds and avoiding insolvency

ç Best practices for mitigating environmental and geotechnical risks in construction projects

We look forward to seeing you virutally in February!

2 | #CIConstRisk

twitter: @CI_Infrastruct linkedin: The Canadian Public Infrastructure Network

For Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual Continuing Professional Development Plan as required by the Law Society of Alberta.

Members of the Law Society of Saskatchewan seeking accreditation for an out of province activity are requested to submit the CPD Activity Application Form and agenda directly to the LSS for approval.

The form is available on the LSS Website.

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Professionalism Credit

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Substantive Credit

Co-Chairs: Giovanni Cautillo President Ontario General Contractors Association Howard Krupat Partner DLA Piper

Speakers: Matthew Baginski Procurement and Contracts Manager Crosslinx Transit Solutions Constructors Faren Bogach Founder and Lawyer Construct Legal Andre Brace Senior Director, Construction Solutions FTI Consulting Laura Brazil Partner McMillan LLP Graham Brown Partner Cassels Brock & Blackwell LLP Lia Bruschetta Associate, Litigation Osler Hoskin & Harcourt LLP Chris Burr Partner Blake, Cassels & Graydon LLP

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Mark A.D. Coleman Partner Forbes Chochla Leon LLP

Ian Marshall Vice President, Commercial & Legal Bot Construction Group

Bill Deley Principal and Assistant General Counsel GHD

Brent Mauti Chief Technology Officer Turner Fleischer Architects Inc.

Justin DeMerchant Contracts and Legal Director Crosslinx Transit Solutions Constructors Paul Dipede General Counsel Corebuild Construction Andrew Heal Partner Heal & Co. LLP Andrea Lee Partner Glaholt Bowles LLP Bill Lett Managing Principal Lett Architects Jessica Liefl Manager of Facility Planning and Development, Corporate Facilities Department City of Barrie Rosemarie Lipman Chief Information Officer and Senior Vice President, Digital and Data Engineering EllisDon

CanadianInstitute.com/ConstructionRiskEast • 1 877 927 7936

Kenneth Movat Partner Fogler Rubinoff LLP Iain Peck Partner Stieber Berlach LLP Robert Poole Senior Managing Director FTI Consulting Sahil Shoor Partner Gowling WLG Jakub Slominski Procurement Manager Crosslinx Transit Solutions Constuctors Michael Swartz Partner Weir Foulds LLP Tara Wishart Manager, Contract Surety Claims, Ontario/Atlantic Region Intact Insurance Lindsay Worton IPD + Continuous Improvement Coach Chandos Construction

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Conference Day 1

11:30

Thursday, February 24, 2022 (EST) 9:00

Microphone Lia Bruschetta, Associate, Litigation, Osler Hoskin & Harcourt LLP

Opening Remarks from the Co-Chairs

Ian Marshall, Vice President, Commercial & Legal, Bot Construction Group

Microphone Giovanni Cautillo, President, Ontario General Contractors Association

Michael Swartz, Partner, Weir Foulds LLP

Howard Krupat, Partner, DLA Piper 9:15

How the Amended Ontario Construction Act is Working and Impacts of this Procedural Change Across the Construction Industry

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Alternative Dispute Resolutions: Rethinking the Approach and Determining Which Method Is Right to Resolve Problems and Avoid Going to Court

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• Developing an effective management plan to identify common construction claims and how to avoid them • Assessing your dispute resolution options before agreeing to them contractually, and when to consider mediation or binding arbitration instead, and why?

• How to clearly establish expectations and responsibilities at the outset of a project by striking a balance in priorities and delivery of those priorities

Microphone Andrew Heal, Partner, Heal & Co. LLP Reform of payment is in play in Ontario by the recently amended Construction Act. Learn what’s working and what’s not and understand how the new mandated policies changes your business model. Understand the effects of prompt payment and build procedures to ensure compliance.

Are there lessons to be learned from other jurisdictions that could be adopted in Ontario?

• Working with your consultants to ensure a fully defining project scope with the intention of avoiding cost overruns, surprises, and disputes

• Assessing the wide-reaching impacts of the prompt payment reforms across the construction industry

• What are the provisions in a standard CCDC contract for dispute resolution, and is that what is best for everyone?

• Reviewing the difference between prompt payment versus the previous provisions and the effect on lien litigation

12:30 | Networking Break

• How have the amendments to Ontario Construction Act changed the landscape of construction contracts and how are risks being mitigated?

1:45

• Anticipating potential disputes and strategizing means of deterring and resolving them by establishing effective communication strategies

Practical Tips on Construction Liens: Lesser-Known Pitfalls and Where Companies Go Wrong

• What are the benefits to contractors and subcontractors under the new changes?

10:15

Managing Your Project’s COVID Related Risks and Delays

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Microphone Sahil Shoor, Partner, Gowling WLG Robert Poole, Senior Managing Director, FTI Consulting Andre Brace, Senior Director, Construction Solutions, FTI Consulting After the COVID-19 pandemic delayed construction projects, owners are now faced with delay claims that need to be resolved in a reasoned, fair, and timely manner.

• Strategies for addressing issues such as physical distancing, cleaning and sanitation, appropriate screening, etc. and the effect on production on site.

• Exploring the ripple effects from broken supply chains, reduced workforce, late delivery of materials, and difficulties of procurement from non-domestic sources, etc.

11:15 | Networking Break

4 | #CIConstRisk

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Microphone Kenneth Movat, Partner, Fogler Rubinoff LLP Graham Brown, Partner, Cassels Brock & Blackwell LLP This session will offer a deep dive into how liens work, the creation of a lien and other related issues to provide you with a practical understanding of the use of liens, and how to protect yourself with liens, as well as protecting yourself from liens.

• How do liens arise and what are the rights and procedures to create a lien?

• What items are properly included in a lien?

• How do the transition rules affect the timelines for liens?

• What are your obligations and rights in creating a lien?

• Defending and vacating a lien to make sure it doesn’t completely derail your project • Understand and know the process of liens and how a lien can be resolved and disposed of expeditiously • Understanding the implications of a lien on a project

twitter: @CI_Infrastruct linkedin: The Canadian Public Infrastructure Network

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Professionalism Credit

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Substantive Credit

Conference Day 2

Friday, February 25, 2022 (EST) 2:45 | Networking Break

9:00

3:00

Managing the Legal Risks and Avoiding Unwanted Liabilities of Data and New Technology

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Opening Remarks from the Co-Chairs Microphone Giovanni Cautillo, President, Ontario General Contractors Association Howard Krupat, Partner, DLA Piper

Microphone Andrea Lee, Partner, Glaholt Bowles LLP

9:05

Assessing the Risks, Challenges and Benefits Associated with Integrated Project Delivery (“IPD”) and Other Delivery Models

Rosemarie Lipman, Chief Information Officer and Senior Vice President, Digital and Data Engineering, EllisDon Brent Mauti, Chief Technology Officer, Turner Fleischer Architects Inc.

Microphone Bill Lett, Managing Principal, Lett Architects

• Visualizing your project through Building Information Modeling (BIM)

Jessica Liefl, Manager of Facility Planning and Development, Corporate Facilities Department, City of Barrie

• Managing the flow of information to capture changes using BIM to ensure that every project partner is apprised of progress and changes

Lindsay Worton, IPD + Continuous Improvement Coach, Chandos Construction

• What are the liability implications amongst the parties of using BIM? • What are the issues for owners, consultants, contractors and sub-contractors with regard to their handling of BIM files?

This session will present a variety of construction models, with an in-depth look at IPD and the risks, the rewards and the costs associated with each delivery method.

• Who owns what, and who is responsible for changes in the BIM system?

• Examining the successes and challenges to date of traditional Design-Bid-Build, Design-Build, P3s, using real-world experiences; what are the risks associated with each?

• Protecting Intellectual property rights 4:00

Tips, Trends and Tools to Manage Risk at the Procurement Stage

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Microphone Paul Dipede, General Counsel, Corebuild Construction Faren Bogach, Founder and Lawyer, Construct Legal • Identifying components of responses to RFPs that concern municipal and provincial owners; are there common red flags that concern government owners?

• Interpreting the underlying issues resulting from RFP questions and commentary where parties are shuffling the risk around, and the cost implications.

• Demystifying the bidding and tendering process - understanding the major obstacles vendors and contractors face when responding to RFPs • Identifying hidden sources of “value” – going beyond the lowest-price model to find value metrics that can help your project • Can procurement alter or improve the supply chain issue?

5:00

Closing Remarks from the Conference Co-Chairs and Conference Adjourns

• How is IPD distinct from more traditional Design-Bid-Build, Design-Build and Design-Build models?

• Identifying whether IPD would be a match for your project; when IPD works and when it does not • Reviewing the challenges in bringing IPD projects to the market; what projects are ideal for this type of collaborative contract?

• Resolving contractual disputes in an IPD model – does one contract really simplify dispute resolution? Can a unified contract help to minimize cost overruns and prolonged disputes?

• Industry insight and real-world examples from IPD projects 10:15 | Networking Break 10:30

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Allocating Risk and Discerning the Role of Subtrades in Construction Projects Microphone Laura Brazil, Partner, McMillan LLP

Sub-contractors, trades, and suppliers play an important role in construction projects. It is important to make sure that risks are appropriately allocated between owners, contractors, sub-contractors, suppliers, and trades. This session will address: • Issues arising out of standard-form subcontracts • Flow-down provisions, pay-when-paid clauses, and dispute resolution clauses • Deficiencies and warranties • Differences between trade contractor vs sub-contractor and sub-contractor vs supplier

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CanadianInstitute.com/ConstructionRiskEast • 1 877 927 7936

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11:30

2:45

Surety Bonds: Avoiding Insolvency and Practical Tools to Protect Your Project Outcome

Best Practices for Mitigating Environmental and Geotechnical Risks in Construction Projects

Microphone Chris Burr, Partner, Blake, Cassels & Graydon LLP

Microphone Mark A.D. Coleman, Partner, Forbes Chochla Leon LLP

Tara Wishart, Manager, Contract Surety Claims, Ontario/Atlantic Region, Intact Insurance

• Understanding the impact of environmental issues and greater environmental sensitivity

Many construction contractors have dealt with and continue to deal with significant financial constraints coming through the pandemic, and some may face insolvency. This session will focus on surety bonds: why you need them, how they work, the claim process, who needs to be involved, etc.

• Examining geotechnical risk and other site conditions from a contractual, practical and liability perspective » Existing conditions and the process of providing background information on site conditions by an owner and their consultants to the contractor during the tendering process and what reliance must the contractor make on it?

• How are surety claims or surety bonds impacted by COVID-19?

» How is that risk contained in the contracts?

• Common myths around surety bonds as a risk mitigation tool • Ensuring you’re protected from contractor and sub-contractor insolvency as companies struggle to recover from effects • How will the Companies’ Creditors Arrangement Act or Bankruptcy and Insolvency Act impact your projects?

• Contamination issues – how to manage pre-existing contamination and potential overruns of scope • Examining issues surrounding utility relocations 3:30

Revisiting Project Scope: Best Practices for Change Orders After the Contract Has Been Signed

12:30 | Networking Break

Understanding the Ethical and Relationship Issues in Construction Joint Venture Projects and Damages Prevention

» What happens when background information is incorrect prior to the commencement of work and what are the implications?

• Where does the responsibility lie and how to deal with unforeseen costs?

• Dealing with financial issues that land on your doorstep because of contractor or sub-contractor financial issues

1:30

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Jakub Slominski, Procurement Manager, Crosslinx Transit Solutions Constuctors Matthew Baginski, Procurement and Contracts Manager, Crosslinx Transit Solutions Constructors

Iain Peck, Partner, Stieber Berlach LLP This session will provide a breakdown of key ethical and relational issues to consider and best practices to implement when dealing with joint ventures in construction projects.

• Understanding relationship issues in larger projects; who are you representing when you’re representing one of the joint venture members as well as the joint venture?

• Exploring cases related duty of good faith/duty of honest performance in construction contracts

2:30 | Networking Break

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Microphone Justin DeMerchant, Contracts and Legal Director, Deputy Commercial Director, Crosslinx Transit Solutions Constructors

Microphone Bill Deley, Principal and Assistant General Counsel, GHD

• Comparing approaches taken by Ontario and Alberta courts and overarching impacts from a legal perspective with a view towards the relationship between the contracted parties and the duties of care

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Changes in scope happen, but it is in the best interest of all parties that they do not cause significant delays and conflict. Clear communication and understanding of what is involved in the change and having a fulsome view of the full impact of proposed modifications throughout the contract chain, from supply of materials, to increased work, delays, and labour consideration are critical. Identifying the changes to avoid costly remediation work is also a necessary risk management point.

• Why are change orders necessary?

• How to manage expectations and ensure all parties are treated fairly • Establishing a change management mechanism to anticipate the need for potential change orders • Tracking change orders and paying for them • Issuing notifications of change and delay to ensure proper and timely execution • Ensuring that timelines established in the contract are followed with respect to delays caused by changes • The Courts’ view of changes and who is liable 4:15

Closing Remarks from the Co-Chairs and Conference Concludes

6 | #CIConstRisk

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Professionalism Credit

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All speakers were great!

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