Contract Management for Construction and Infrastructure Projects

Putting the Contract in Place

An overview of key issues affecting contract management from the earliest stages:

Risk Management

• Pre-contractual identification of risk in the design, construction and operation/ maintenance of the project
• Making efficient use of a Risk Register to quantify risk and properly allocate risk to the appropriate project participant
• Understanding how risk allocation choices impact price, time, quality and control
• Recognizing how the allocation of risk should be reflected in how the contract is drafted

Project Delivery System and Contract

• Types of project delivery systems
• Ensuring the project delivery system and contract are consistent with the allocation of risk
• The various standard form contracts for use with each project delivery system
• Owner-prepared forms of contract
• Recognizing the different roles of the participants depending on the terms and conditions of the contract

Procurement

• RFP versus Call for Tenders
• Owner and contract obligations

The Contract

• Comprehensive review of the key legal and commercial provisions:
  • Contract price and time
  • Scope of work
  • Incentives
  • Self-help remedies
  • Security
  • Insurance
  • Delays
  • Unknown conditions
  • Indemnity
  • Dispute resolution
  • Termination rights
  • Limit of liability
• A closer look at some of the most problematic areas of contract administration and management:
  • Changes in the work
  • Payment certification
  • Reports dealing with cost
  • Schedule and performance
  • Claims
  • Procedure for testing and commissioning
  • Certification of substantial performance and total completion including contract close-out
  • Contract governance
  • Master service agreements and purchase orders

Nuts & Bolts – RFP Evaluation Process

• How to effectively evaluate proposals
• Owner obligations arising from procurements
• Internal procurement policy
• Bid prices exceed budget – what can the owner do?

Faculty

Nana Amponsah
Senior Legal Counsel, Transaction Legal, Infrastructure Ontario

Stephanie Braithwaite
Director, Fairness and Procurement Services, P1 Consulting Inc.

Joel Heard
Osler Hoskin & Harcourt LLP

Niguel A.D. Mousseau
Senior Counsel, Aecon Group Inc.

Rocco Sebastiano
Osler Hoskin & Harcourt LLP

Andrew Wong
Osler Hoskin & Harcourt LLP

Contract Management (Part I)

Negotiation and Communication – Strategies and Best Practices

• Commercial contract strategy
• Relationship building and management
• Identifying all legal, commercial and technical issues
• Internal risk review process and senior management approval, and signing of contract

Contract Kick-Off Meeting

• Introductions
• Documents submitted by Contractor prior to the start of work
• Overview of forms and the process for contract management and administration

Master Service Agreements

• Use of a master service agreement: why?
• Key considerations for negotiation and use of a master service agreement

Performance and Contract Management

• Key tools and considerations

Faculty

Chris Barrow
Director, PwC Canada

Nick Boutselis
Global Compliance, Strategy and Construction, BMO

Michael Marano
Sourcing Director, JLL

Ford Thompson
Senior Legal Counsel, Bruce Power L.P.

Contract Management (Part II)

By the morning of Day 3, you’ll be ready to go through a series of contracts in order to address the most effective strategies for administrating each one.

You will hear from both Program Directors as they guide you through common, unexpected, and highly complex issues to equip you with the knowledge you need to handle each type.

Contract Governance and Client Management

• Oversight of the contract and performance of the work
• Committees – project managers, executives, senior executives
• Process for meetings – how often, where, etc.
• Matters to be considered and dealt with by the committees
• Reports submitted to the committees
• Overall client management discussions

Changes in the Work

• Handlings requests for change order:
  • Delays
  • Unknown conditions and other changes in the work
• Reviewing the change order process:
  • Change order vs. change directive
  • Compensation and mark-up

Tests and Commissioning/Quality Control and Assurance

• Inspections – tests, mechanical completion and commissioning
• Reports and certificates

Faculty

Nick Boutselis
Global Compliance, Strategy and Construction, BMO

Amee Sandhu
Senior Legal Counsel, Alstom

Adam Peacey
Global Initiatives PMO Head, Corporate Real Estate, BMO Financial Group

Walter Wallace
Head, Global Real Estate Operations, BMO

Andrew Wong
Osler Hoskin & Harcourt LLP

Contract Management (Part III)

Claims, Settlement Negotiations and Adjudication

• Strategies for how to manage and negotiate claims including how to determine any available remedies
• Limitation periods
• Notice of Claim: notice period and content
• The use of dispute resolution: negotiation, mediation, arbitration and the court

Commercial Commitment and Costs Management

• Recognizing the importance of the commercial commitment process and how to avoid an over budget scenario at the tail end of your projects.

Substantial Performance, Total Completion, Scorecards and Post Completion

• Substantial performance, “supporting” documents and deficiency holdbacks
• Total completion – certification and close-out documents
• Post-completion – warranty items

Writing for Results

• The essentials in report writing for contract managers

Faculty

Nick Boutselis
Global Compliance, Strategy and Construction, BMO

Lia Bruschetta
Osler Hoskin & Harcourt LLP

Carly Fidler
Osler Hoskin & Harcourt LLP

Paul Ivanoff
Osler Hoskin & Harcourt LLP

Emma Magee
Director, Turner & Townsend

Dr. Melanie Stevenson
Professional Writing Consultant

Contract Management (Part IV)

Insurance

• Types of insurance and how they can benefit your process in unexpected ways. Types of insurance to be discussed include:
  • Liability
  • Property
  • Auto
  • Professional liability
  • Equipment
  • Pollution (when and where)
  • Sub-guard (form of subcontractor insurance)
  • Intellectual property
  • Business loss, start-up insurance
• Contractor versus owner insurance

Ongoing Impact of COVID-19 on Construction Projects

• Long term impacts and relief/management

Faculty

Antoine Aurelis
Practice Lead, Arbitech Inc.

Nick Boutselis
Global Compliance, Strategy and Construction, BMO

Arif Ghaffur
Founder & Chair, Lakeland Consulting Inc.

Fraser Roberts
Chief Executive Officer, INTECH Risk Management

Andrew Wong
Osler Hoskin & Harcourt LLP