2020 Construction Adjudication Symposium Prairies region: an effervescent interaction Prompt payment, lien reform, and adjudication current overview
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he Construction Adjudication Symposium was jointly held by CIQS Prairies & NWT Chapter and the RICS on February 27, 2020 at the Best Western Premier Calgary Plaza Hotel, with 136 registered participants in attendance. This event brought together over 20 leading experts, construction stakeholders and industry participants for a day-long discussion about prompt payment and adjudication and the emerging trends and implications facing the new construction landscape. There were six diverse topic workshops held throughout the day and a guest speaker dinner event. Jerry Crawford, President, CIQS Prairies & NWT Chapter, opened the conference with recognition of the sponsors, First Nations representatives and reference to the importance of the Professional Quantity Surveyor going forward in the future. During the opening remarks, the May 2019 Toronto Construction Adjudication Symposium was cited as a key factor in the vision for hosting the 2020 event in Calgary. Encouragement from several industry stakeholders was an important factor in planning this event. Stakeholders included Bill Black, President, Calgary Construction Association; and the Prairies & NWT Chapter Board. Another theme touched on during the initial delivery to the stakeholders in attendance was the importance of lateral thinking and drawing upon experience in multiple construction theatres to be effective in the future. The introduction of Event Chair (Laura Cundari, Blake, Cassels & Graydon LLP) was then given by Jerry Crawford, KGC Consulting Ltd. Laura Cundari, FCIArb, is a Partner at the firm’s Vancouver office and has extensive experience in Litigation and Arbitration. The audience was advised that the construction industry was at a critical transition point regarding several imminent changes. The first workshop speaker, Bruce Thompson, Wood PLC, addressed emerging trends, with a focus on his industry experience working with the UK Model. He shared how the Canadian Adjudication system is closely based on the United Kingdom (UK) model, with a strong and active role for the
Jerry Crawford giving his introduction message and opening remarks to the Event and Programme Chair CLICK HERE to return to Table of Contents
Professional Quantity Surveyor working closely with the legal profession. Bruce Thompson emphasized that the adjudicator will have an important inquisitorial role in the Canadian environment. The behaviour of parties leading up to dispute could be a factor in the adjudicator’s determination. He noted that abusive behaviour might prove counter-productive, no matter how right the position of the abuser party might be. Ethics and jurisdictional factors can have a significant determination on the outcome of any dispute going into adjudication. The second panel on Worldwide Trends Towards Prompt Payment & Adjudication was moderated by Jane Sidnell, Rose LLP, with Ali Fard, Driver Trett; and Gerald McEniry, Revay and Associates Limited. Several insightful experiences were provided, including references to the practical constraints and limitations on adjudication. Gerald McEniry spoke of the pilot project approach adopted in Quebec. The approach seems to be receiving favourable acceptance on a couple of the infrastructure projects into which it has been incorporated in the process. Some disputes are so complicated that traditional arbitration may be a preferred course of action due to the timeline constraints of the adjudication period. The theme of unethical ambush tactics was again emphasized as a tempting behaviour practice to avoid, however grievous the historical chronology of the circumstances. The next workshop was on Prompt Payment Reforms & Lien Reform Momentum Across Canada, moderated by Jane Sidnell, with Matt Ainley as the feature speaker representing the General Contractors Alliance of Canada.
A cross section of participants at the Symposium Spring 2020 | www.ciqs.org | CONSTRUCTION ECONOMIST | 23
