Pre-Conference Workshops

Workshop A | Alternative Dispute Resolution Master Class

Feb 5, 2018 2:30pm – 5:00pm

Speakers

Robert Pidgeon
Chartered Mediator
Clear Resolve

Workshop B | A Step-by-Step Guide to Enforcing Contractual Obligations

Feb 5, 2018 6:00pm – 8:30pm

Speakers

Maged Abdelsayed, ing., M.Sc.
Partner - Capital Projects
Deloitte

Nader Akkaoui
Senior Manager - Capital Projects
Deloitte Canada

Day 1 - Tuesday, February 6, 2018

8:00
Registration Opens and Refreshments are Served
9:00
Opening Remarks from Conference Chair
9:15

KEYNOTE

Modernizing Ontario’s Construction Laws
9:45
Essential Case Law Updates from Across Canada
10:45
Networking Refreshment Break
11:00
Preventative Thinking and Early Intervention – Managing Your Project Risk Before Signing the Contract
12:15
Networking Luncheon
1:15
Negotiating Clear and Precise Contracts
2:15
Networking Refreshment Break
2:30
Looking Forward: Limiting Project Risk and Improving Productivity through Mobile Technology
3:00
Effective Risk Management in Public-Private Partnerships
4:15
Closing Remarks Conference Adjourns

Day 2 - Wednesday, February 7, 2018

8:30
Registration Opens and Refreshments are Served
9:00
Opening Remarks from Conference Chair
9:15

KEYNOTE

A Look Ahead at 2018 – What Trends Can We Anticipate in Ontario’s Construction Sector?
9:45
Spotlight on Ontario’s Construction Act
CHANGES TO PAYMENTS, HOLDBACKS, AND LIENS
10:30
Networking Refreshment Break
10:45
Spotlight on Ontario’s Construction Act (continued)
INTRODUCTION OF THE INTERIM ADJUDICATION SYSTEM
11:45
Ensuring Sound Competition Practices in Tendering and Bidding Procedures
12:30
Networking Luncheon
1:30

PANEL

Change Order Management: Practical Advice to Mitigate Your Risk
2:30
Networking Refreshment Break
2:45

KEYNOTE

Canada’s Infrastructure Bank – Financing Transformational Infrastructure in Canadian Communities
3:15
Operating Successfully Using A Prompt Payment System – Case Studies from Outside Canada
4:15
Closing Remarks from Conference Chair Conference Concludes

Day 1 - Tuesday, February 6, 2018

8:00
Registration Opens and Refreshments are Served
9:00
Opening Remarks from Conference Chair
9:15

KEYNOTE

Modernizing Ontario’s Construction Laws

Representative
Ministry of the Attorney General
Government of Ontario (invited)

9:45
Essential Case Law Updates from Across Canada

Brendan D. Bowles
Partner
Glaholt LLP

The construction sector is fertile ground for costly legal disputes. This presentation will provide an update on the current state of the law, as well as the most important decisions to watch out for in the upcoming year.

10:45
Networking Refreshment Break
11:00
Preventative Thinking and Early Intervention – Managing Your Project Risk Before Signing the Contract

The best way to deal with the spectre of project risk is by addressing potential problems before they occur. Hear expert advice on such subjects as:

  • Early assessment of the project delivery system
  • The right stages to seek internal and external legal advice – the earlier the better?
  • Lowest cost vs. highest value – identifying the riskier trade-offs in project proposals
  • The importance of contract interfaces – delineating responsibility across project participants in order to reduce risk of overlap or incomplete work
  • Working in a P3 structure in the light of Ontario’s new Construction Act

12:15
Networking Luncheon
1:15
Negotiating Clear and Precise Contracts

Ryan Chalmers
Partner
Aird & Berlis LLP

Managing risk and preventing disputes begins with negotiating contracts that are clear in meaning, precise in language, and meaningful in scope.

  • Defining key stakeholders, clauses, and terms during negotiations
  • Identifying your areas of largest potential risk in pricing, potential delays, and delivery system
  • Negotiating risks regardless of organization or bargaining position
  • Defining clear project parameters for each participant
  • Developing a realistic expectation of project scope

2:15
Networking Refreshment Break
2:30
Looking Forward: Limiting Project Risk and Improving Productivity through Mobile Technology

Noah Dolgoy
Founder and CEO
Tread, Inc.

Managing your project risk can be made easier by embracing new technology. Hear how to leverage mobile applications to reduce likelihood of labour deployment problems, and improve heavy equipment tracking.

3:00
Effective Risk Management in Public-Private Partnerships

Yonni Fushman
Executive Vice President Chief Legal Officer and Secretary
Aecon Group Inc.

Nicholas Shkordoff
Senior Legal Counsel
Infrastructure Ontario

Andres Duran
Vice President, Legal Services
EllisDon

Howard Krupat
Partner
DLA Piper

Delivering large P3 projects on time and on budget requires a comprehensive risk management strategy that includes input from all project participants. Join representatives from the public and private sector for a strategic discussion on such topics as:

  • Evaluating project scope and size – ensuring your P3 project is the right size to encourage competitive tendering
  • Negotiating risk equitably across project stakeholders
  • Making the most of your collaboration – constructive ways of communicating and managing across the public-private divide
  • Balancing legal and commercial concerns

4:15
Closing Remarks Conference Adjourns

Day 2 - Wednesday, February 7, 2018

8:30
Registration Opens and Refreshments are Served
9:00
Opening Remarks from Conference Chair
9:15

KEYNOTE

A Look Ahead at 2018 – What Trends Can We Anticipate in Ontario’s Construction Sector?
9:45
Spotlight on Ontario’s Construction Act
CHANGES TO PAYMENTS, HOLDBACKS, AND LIENS

Richard Wong
Partner
Osler, Hoskin, & Harcourt LLP

Jeff St. Aubin
Associate
Osler, Hoskin, & Harcourt LLP

Ontario’s construction laws are undergoing massive changes in order to reflect the modern realities of construction risk management.

Join experts on the new Construction Act for two in-depth sessions on the must-know aspects of the legislative changes shaping Ontario’s construction landscape.

10:30
Networking Refreshment Break
10:45
Spotlight on Ontario’s Construction Act (continued)
INTRODUCTION OF THE INTERIM ADJUDICATION SYSTEM

Bruce Reynolds
Partner
Singleton Urquhart Reynolds Vogel LLP

Sharon Vogel
Partner
Singleton Urquhart Reynolds Vogel LLP

11:45
Ensuring Sound Competition Practices in Tendering and Bidding Procedures

Graham Brown
Associate
WeirFoulds

Niki Iatrou
Lawyer
WeirFoulds LLP

Canada’s Competition Bureau has stated an intention to scrutinize the construction industry’s practices in bidding and tendering. Even the most careful industry participants can inadvertently run afoul of the Competition Act and get an unwanted visit from the Competition Bureau. This presentation will provide participants with best practices for ensuring that their bidding and tendering procedures are transparent and lawful.

12:30
Networking Luncheon
1:30

PANEL

Change Order Management: Practical Advice to Mitigate Your Risk

Justin DeMerchant
Associate Legal Counsel & Subcontract Manager
SNC-Lavalin & Crosslinx Transit Solutions Constructors

J. Gerard Boyle
Vice President
Revay and Associates Limited

Robert Poole
Managing Director, Construction Solutions
FTI Consulting

Any change to scope, design, or schedule represents a real risk to the successful delivery of a construction project. Realistic change order provisions are essential to ensure that the work is done, and that your organization’s bottom-line is protected. Join our panel of project owners, builders, and subcontractors for an interactive discussion on how they deal with:

  • Drafting meaningful change order terms that recognize the on-site realities of a construction project
  • Clear documentation and data – are you getting an accurate picture of the realities on the ground?
  • Mitigating risk while working without a signed change order
  • Essential communication and management strategies when dealing with large organizations

2:30
Networking Refreshment Break
2:45

KEYNOTE

Canada’s Infrastructure Bank – Financing Transformational Infrastructure in Canadian Communities
3:15
Operating Successfully Using A Prompt Payment System – Case Studies from Outside Canada

Robert Miletsky
Attorney
Miletsky Law

The anticipated introduction of Ontario’s Prompt Payment System will cause significant changes to the way owners, contractors, and subcontractors manage their payment schedules. Hear best practices for operating under such a payment regime from a speaker who understands the realities of delivering large projects while transforming your financial model.

4:15
Closing Remarks from Conference Chair Conference Concludes

Workshop A | Alternative Dispute Resolution Master Class

Feb 5, 2018 2:30pm – 5:00pm

Robert Pidgeon
Chartered Mediator
Clear Resolve

What is it about?

(Registration opens at 2:00 pm)

Dispute resolution skills are crucial for any infrastructure or construction professional committed to building strong business relationships and reducing their organization’s exposure to costly conflicts. Do not miss this opportunity to learn cost-effective strategies to resolve construction and related disputes. Join our expert in dispute resolution for an in-depth, interactive session covering subjects such as:

  • What different types of mediation, negotiation, and alternative methods are available and how to choose the right approach
  • How a new perspective on conflict can be one of your most powerful tools for resolution
  • “Hands-on” lessons to give you the necessary skills to resolve conflicts – from the boardroom to the work site
  • How to deal with resistance from others stuck in positional approaches

A light dinner will be served to those attending both workshops.

Workshop B | A Step-by-Step Guide to Enforcing Contractual Obligations

Feb 5, 2018 6:00pm – 8:30pm

Maged Abdelsayed, ing., M.Sc.
Partner - Capital Projects
Deloitte

Nader Akkaoui
Senior Manager - Capital Projects
Deloitte Canada

What is it about?

(Registration opens at 5:30 pm)

Construction projects face continual challenges that arise from budget, schedule and scope constraints. These obstacles are amplified by conflicting stakeholder interests, contractual risks, evolving technology and other external factors. Frequent causes of dispute include scope changes, differing site conditions, suspension of work, delays and design errors or omissions.

This workshop will provide participants with a variety of practical real-life examples of how to prepare a claim effectively and how it will be presented with the goal of ensuring equitable payment, in accordance with the contract.

Workshop Objectives

  • Developing the right claims strategy for you and your organization
  • Developing a claim plan – scheduling, budgeting, and allocating resources
  • Roles and responsibilities of the project manager, lawyers, and construction professionals
  • Managing information – identifying the critical data you need, as well as the information that you are missing
  • Documentation and communication best practices
  • Analyzing impacts of your quantification methods