Registration and Breakfast

Opening Remarks from the Co-Chairs

Giovanni Cautillo
President
Ontario General Contractors Association

Howard Krupat
Partner
DLA Piper

Keynote

Michael Lindsay
President, CEO
Infrastructure Ontario

Making the Best of a Bad Situation: Creative Solutions to Supply Chain Disruption and Price Escalation

Sahil Shoor
Partner
Gowling WLG

Chris Moran
General Counsel
Maple Reinders Group

Alex Valova
Senior Counsel
Black & McDonald Ltd

The COVID-19 pandemic, the war in Ukraine and other geopolitical conditions have caused significant disruptions to supply chains and have raised required costs in an unprecedented manner. With the future still uncertain, lawyers, contractors, and owners must be creative with their risk mitigation solutions. In this session, topics of discussion will include:

• Considering contractual relief provisions beyond the traditional force majeure to mitigate risks
• Rethinking Guaranteed Maximum Price and other similar contracts in light of increasing and fluctuating prices
• Analyzing recent litigation on the issues of supply chain disruption and price escalation

Networking Break

A Shift in How Construction Does Business? Moving Toward Collaborative Delivery Models

Geza R. Banfai
Counsel
McMillan LLP

Todd Mandel
Vice President Legal, Buildings and Bird Capital
Bird Construction

Arthur Winslow
National IPD Director
Colliers Project Leaders

Selecting the right construction contract model for a particular project can be the difference between harmony and discord among project participants, and the difference between the financial success and failure of the project. In recent years, the construction industry has witnessed the introduction of alternative delivery models: the Integrated Project Delivery Model (IPD) and Progressive delivery models. These project delivery models adapt to the realities of a changing marketplace by bringing all parties to the table early on to collaboratively manage their respective risks. In this session, topics of discussion will include:

• Understanding the features of the IPD and Progressive models
• Contrasting the collaborative models with the traditional, non-collaborative models
• Analyzing which projects are right for a collaborative delivery model

Networking Lunch

Industry Pulse: How Environmental, Social, and Governance (ESG) Can Work to Your Advantage

Prabhjit (Prabh) K. Banga
Director, Sustainability
AECON Group Inc.

ESG is more than just a buzzword – capital assets in Alberta will need to be constructed to withstand decades of use, change, and exposure to weather extremes. Integrating resiliency and sustainability into all public capital assets will help build future-focused infrastructure, guard against risks presented by floods and wildfires, and support positive environmental change through sustainable materials, lower emissions, and more efficient energy use. Construction and engineering firms working on private projects can equally help themselves become industry leaders through the maximization of ESG goal setting and reporting. In this session, topics of discussion will include:

• Understanding the core pillars of environmental, social and governance and integrating ESG into business strategy
• Knowing the standards to follow, what to measure and which metrics to compile when developing and implementing ESG goals
• Effectively instituting ESG reporting mechanisms and considering the benefits of a standalone ESG annual report

Leveraging Innovation to Mitigate Risk: Adopting Technological Solutions in Construction Projects and Construction Law

Paul Dipede
General Counsel
Corebuild Construction Ltd.

Dragan Marinkovic
Senior BIM Technician/Specialist
Salas O’Brien

Yasaman Shahtaheri, PhD, PMP
Risk Consulting and Decision Support Lead
Program and Project Management Canada Region
AECOM

Technology continues to improve at an unprecedented rate and can bring cost savings and efficiency to your construction project, contract review, as well as litigation preparation. Alternatively, the use of technology comes with its own risks, especially the risk of data theft, which could be disastrous. In this session, topics of discussion will include:

• Considering the advantages of project management software and takeoff software
• Discovering the uses of technology on the construction site (e.g., BIM, Drones, 3D modeling) towards increasing efficiency
• Best practices for synchronizing different platforms
• Strategies to encourage the use of tech and explaining the benefits therein to the less tech-savvy stakeholders

Networking Break

Mitigating Health and Safety Risks: Building a New Standard of Construction Safety

Mike Brown
Vice President, Operations
Matheson Constructors

Enzo Garritano
President and CEO
Infrastructure Health & Safety Association

Jeremy Warning
Partner
Mathews, Dinsdale, and Clarke (LLP)

Federal statistics show that the incidence rates of nonfatal injuries and illnesses are down significantly from just 20 years ago. The fatal injury rate, however, remains high, and so improving health and safety on the construction site should remain a top focus for the industry. In this session, topics of discussion will include:

• Identifying of your obligations under the Construction Health and Safety Program to ensure compliance and limit risk
• Reviewing the benefits of providing training to employees and how to develop a health and safety program compliant with provincial legislation and standards
• Learning the different situations where workers have the right to refuse work
• Addressing and improving mental health within the industry in a transparent, candid, and meaningful way
• Extrapolating the impact of the Supreme Court of Canada’s ruling on Ontario (Labour) v. Sudbury (City), 2021 ONCA 252 and the risks projects owners face if deemed employers.

Conference Adjourns

Registration and Breakfast

Opening Remarks from the Co-Chairs

Giovanni Cautillo
President
Ontario General Contractors Association

Howard Krupat
Partner
DLA Piper

Special Roundtable with ODACC – Trends in Adjudication under the Ontario Construction Act

Elise Teitler
Director, Manager ADR Services
ODACC

Lindsay Reynolds
Principal Project Manager & ODACC Adjudicator
Hancock & MacArthur Inc.

Chad Kopach
Partner and ODACC Adjudicator
Blaney McMurtry LLP

Moderator:

John Dowse
Senior Managing Director
Ankura Consulting Group (Canada)

In this special ODACC roundtable, two ODACC adjudicators and the Director of ODACC will provide an update on the adjudication regime: what are the trends they are seeing, what is working, and what could be improved?

Alternative Dispute Resolution: Practice Points for Drafting ADR Clauses and Participating in ADR

Bill Deley
Principal and Assistant General Counsel
GHD

Shaun Hashim
Solicitor
Toronto Transit Commission

Barbara Capes
Assistant General Counsel
Kiewit

Moderator:

Howard Krupat
Partner
DLA Piper

No construction project runs exactly according to plan. Therefore, it’s important to review every aspect of your construction agreement, as a well-drafted contract will anticipate any and all possible outcomes, and most importantly, how disputes will be handled, via the dispute resolution clause. Knowing which risks are better mitigated through ADR and which are better left for litigation is consequently crucial to how you negotiate the contract. And when the dispute resolution clause is triggered, you must be up to speed on the next steps, as failing to follow procedure could lead to disastrous consequences. In this session, topics of discussion will include:

• Analyzing the traditional advantages and disadvantages of mediation, arbitration, and litigation
• Considering costs, timing, evidence, what decisions can be appealed, and which cannot
• Reviewing the procedures that must be followed in each type of dispute resolution
• Considering whether you should still arbitrate after a Construction Act adjudication
• Paying careful attention to how lien rights may be affected by dispute resolution proceedings.
• Learning the common pitfalls to avoid

Networking Break

Mastering the Use of Experts in ADR and Litigation

Glenn Ackerley
Partner
WeirFoulds LLP

Joshua Strub
Partner
Margie Strub Construction Law LLP

Cases are won or lost based on the strength of the evidence produced. The testimony of construction experts helps the triers of fact navigate evidence: building delays, codes and compliance, construction costs, defects, contracts, bonds, insurance, and industry standards, to name a few. Their testimony may be influential in deciding the outcome of the dispute. In this session, topics of discussion will include:

• Considering the proactive use of experts in the early stages of a project and selecting the right expert to work with
• Understanding what qualifies a witness as an expert and the best practices for challenging their status as an expert, or as impartial
• Reviewing the procedural and evidentiary rules that apply to experts to ensure they are not overstepping the scope of their role
• Comparing the different roles of experts in litigation, arbitration, adjudication, and mediation and developing correlating strategies for the cross-examination

Networking Lunch

Construction Insurance: Going Beyond the Basics to Maximize Protection

Justin Campisi
Team Leader Construction
Marsh Canada Limited

Dennis L. Picco, Q.C.
Partner
Dentons

Whether you are contractor, owner, or subcontractor, there are many different types of construction insurance coverage available to help you manage risk, beyond the minimums required by law. Learning how to customize your construction liability insurance policy will give you an advantage when it comes to mitigating the risks that come with construction projects. In this session, topics of discussion include:

• Reviewing the various insurance and bond options available for mitigating specific risks in construction
• Understanding the interplay between insurance and limitations of liability
• Determining the right level of coverage and customizing your construction liability insurance policy
• Learning the best strategies for responding to insurance claims and limiting your liability

Bidding and Procurement: Common and Contemporary Landmines for the Construction Industry To Avoid

Graham Brown
Partner
Cassels Brock & Blackwell LLP

Geoff Capelle
Director, Project Development & Collaborative Delivery
Bird Construction

Moderator:

Giovanni Cautillo
President
Ontario General Contractors Association

The Canadian Government is one of the largest public buyers of goods and services in Canada, purchasing approximately $22 billion worth annually on behalf of federal departments and agencies. The competitive procurement process aims to get the best value for Canadians while enhancing access, competition and fairness. However, the bidding process is rife with presumptions and implied terms that can lead to unforeseen and unwanted consequences if not prevented or properly mitigated. In this session, topics of discussion include:

• Navigating the differing definitions of what constitutes the commencement of the procurement process
• Understanding when and how a response to tender may create a contract to avoid liability you are not prepared for
• Analyzing the Owner’s duty of “fairness” in bidding
• Managing allegations of bid shopping and addressing the impact of bid shopping on the industry
• Understanding the advantages and disadvantages that come with naming the subtrades in bids

Networking Break

Diversity, Equity, and Inclusion: Solving Canada’s Skilled Labour Shortage

Bill Ferreira
Executive Director
BuildForce Canada

Leah Traviss
Senior Project Manager
MARANT Construction Limited

Valerie Vanderwyk
Community Engagement Coordinator
Aboriginal Apprenticeship Board of Ontario

The shortage of skilled labour in construction is a pressing concern to the industry and to the economic well-being of Canada as a whole. It’s an ongoing challenge to attract the younger demographic to trades, and the aging demographic in construction may be missing the skills needed to keep pace with the increase of technology in traditional industries. Moreover, contracts are increasingly mandating Indigenous involvement as a condition of the project being awarded, which may not be sustainable considering the dearth of Indigenous companies. Now more than ever the industry must come together to enroll and train the next generation for the benefit of all. In this session, topics of discussion will include:

• Strategies to encourage youths to enroll in trades
• Making space for women and Indigenous construction workers
• Updating company policies and corporate culture to foster diversity, equity and inclusion

Conference Concludes