Construction Law

Conventional Project Delivery Models: The “Big Five”

A detailed and practical analysis of the project delivery and contracting “Big Five” models in common use in Canada. Discussion will include risk profile considerations and other determinants favouring each method in particular circumstances. Includes: Design‑Bid‑Build, Design‑Build, Construction Management and EPC and EPCM models.

Alternative Delivery: Public‑Private Partnerships (P3) and Progressive Design‑Build

Gain essential guidance on P3s and the evolving forms of progressive design‑build arrangements as used in Canada, including details of various transaction structures and the different risks, opportunities and strategic principles that distinguish each one from traditional delivery models.

Collaborative Contracting: Integrated Project Delivery (IPD) and Alliance Agreements

What is the problem which collaborative agreements try to solve? Faculty will review the features, compensation structures, roles and duties of key participants, common issues, misperceptions and the differences, risk considerations and other determinants favouring each method in particular circumstances.

Lean Construction

Faculty will review the Lean construction method, its origins and adoption in the industry, key principles, challenges, how it differs from other methods, and the types of projects where it can be applied.

Key Terms and the Practical Guide to Navigating the Construction Contract

Examine the most significant risk transfer and legal points in construction contracts, including indemnities, liability caps, schedule delay, warranties and force majeure provisions, as well as additional considerations and complications in subcontracts, including recent landmark legal decisions. You will learn about navigating your construction contract as a “rule book”, including key directional points and pivots with expert insights, practical advice and risk management tools to avoid unexpected risk transfer, disputes and claims. Sessions include drafting tips, sample clauses and best practices.

Expert Demonstration: Negotiating Key Terms in Design Contracts

Observe experts in a live negotiation demonstration of key design contract terms, highlighting key strategies and best practices. Faculty will break‑down the components and factors to consider including contractor concerns, designer concerns, pre-agreements and key issues to watch out for. You will emerge from this session better equipped to negotiate design contracts.

Interactive Mini‑Workshop: Project Delivery Models*

This day will conclude with an interactive “choose your model”, small group workshop where you will have the opportunity to demonstrate the considerations that must be evaluated and balanced in choosing the right project delivery model for your contract. Expert facilitators will provide real‑time guidance and personalized feedback to enhance your learning experience, and lead a plenary debrief and discussion at the end and share their tips on “avoiding project delivery killers.”

*Note: breakouts will not be recorded.

Bidding and Tendering

Learn about the ever-evolving area of bidding and tendering law, including the evolution of the Contract A/Contract B paradigm and the principle of compliance. You’ll review important legal cases and advanced problems, developments and trends, privilege and discretion clauses, judicial review, the correction of tender errors and get practical tips and strategies.

Construction/Builders Liens

Review the nature and mechanics of a lien, entitlement, preservation and perfection and the holdback system, how liens impact a project and differ from other remedies. You’ll gain practical information and risk management tips for dealing with priority issues, set‑offs, correcting errors, trust claims issues, public land/works and the intersection with other remedies/regimes.

Prompt Payment and Adjudication

Faculty will review the core principles and objectives of the prompt payment and adjudication regimes. You’ll learn about important considerations and exposures at different stages of each regime, as well as tips for troubleshooting common challenges and dealing with payment certification.

Construction Claims: Legal Issues

Gain a practical overview of legal issues underlying common claims and issues, including extras, entitlement, change of scope and notice. You’ll also learn risk management and mitigation strategies when claims are unavoidable and considerations for key participants.

Construction Claims: Technical Issues

Examine the technical issues behind productivity, delay and impact claims, quantifying the loss, critical path analysis, disruption and limitations issues. Gain expert tips and strategies to deal with disruption, methods of delay analysis, claims mitigation and calculating damages.

Construction Insurance

Learn about specialized insurance relevant to the construction process, including key principles and the different products available, risk assessment considerations, gaps and policy issues, common pitfalls and litigated exclusions, and insurance for differing project methods.

Surety Bonding

Faculty will cover the essential role of the surety in the construction process, including: the key principles and cross‑country elements, main parties, typical bonds used, legal and practical aspects of asserting claims and defences, and crucial risk management tips in problematic situations.

Insolvency and Restructuring

Gain sightlines into the law, risk and key principles involving project insolvency, bankruptcy and restructuring. Learn practical strategies to deal with key risks, including: construction trusts, dealing with an insolvent party, containing risks and navigating dispute resolution proceedings.

Concurrent Regional Sessions**

Environmental Law**

Environmental issues impact all stages of projects. You will learn about key legal issues and get practical tips for dealing with them, including: Records of Site Condition, contamination, vapour intrusion, excess soil management, navigating regulatory involvement, and impacts on other project risk areas.

• Eastern Region (common law)
• Western Region

Construction Labour Law**

Review core legal topics and tips and strategies to deal with unionization, bargaining rights and raids, considerations for owners, GCs and subcontractors, common workplace issues and jobsite pitfalls, including: getting bound; strikes, lockouts and picketing; employer associations; and grievances and arbitration.

• Eastern Region (common law)
• Western Region

Occupational Health and Safety**

Examine key occupational health and safety principles and liabilities in construction and get risk management tips, including: responding to accidents and investigations; due diligence; distinguishing supervisory responsibility and avoiding or mitigating claims.

• Eastern Region (common law)
• Western Region

**Note: you will be able to attend the live regional session of your choice and you will also receive access to all of the regional sessions in the recorded program archive.

How to Succeed in Dispute Resolution

What does “failure” or “success” look like in dispute resolution? Review the essentials of mediation, arbitration, litigation and adjudication and the mechanics of settling a case. Limitations and evidentiary issues will be discussed, including “lessons learned” and tips to avoid common pitfalls.

The Decision‑Makers’ Speak! View from the Bench

Don’t miss the rare opportunity to hear from high‑profile decision‑makers who preside over various construction disputes, including perspectives from a Judge, a Mediator, an Arbitrator and an Adjudicator. Discussion will include practical elements to enhance your dispute resolution efforts with distinctions based on the type of proceeding and top tips and “pet peeves” to help you remain on the “good side” of the decision‑maker.

Interactive Negotiation Workshop: “Saving the Troubled Project”*

During this innovative small‑group workshop, working as owner or contractor, you’ll review some common contractual risk allocations and collaborate to determine approaches to move forward in the interests of the project. Expert facilitators will provide real‑time guidance and feedback to enhance your learning experience, and lead a plenary debrief and discussion at the end, sharing alternative approaches, tips and strategies.

*Note: breakouts will not be recorded (live attendance not required).

“Green” Construction, ESG and Sustainability

Examine what “green” construction means in the current market and how evolving ESG factors and sustainability goals are reshaping the industry’s processes, procedures and impacts. Faculty will review developments, trends and practical considerations to help you meet the new obligations and expectations in these areas.

Law, Technology and Construction

Learn about key technology influencing the engineering and construction industry, why it matters and what you need to watch out for. Session includes a summary of key technologies, the legal considerations and impacts arising from using them and strategies to address technology use within your project agreements.

*Note: breakouts will not be recorded.