Day 1 - Thursday, February 25, 2021

10:30
Pre-Conference Meet-n-Greet in the Speakers Lounge
11:00
Opening Remarks from the Co-Chairs
11:15
Stimulus Funding Forecast
11:45

ROUNDTABLE

Think Tank on Effective Project Management in a COVID Era: From Force Majeure to Defending Against Delays and Impact-Related Claims
12:45
1:1 Peer-to-Peer Networking
1:00
Break
1:30

Part 1

Deconstructing Construction Law Reforms Across Canada: Lessons Learned from the Ontario Experience
2:30

Part 2

Practical Solutions for Adopting a Prompt Payment Regime and Coping with Growing Pains
3:45
Afternoon Break
4:15
The Ins and Outs of Construction Liens & Common Pitfalls to Avoid
5:00
Fireside Chat on Adjudication: Update on Lessons Learned from ODACC and Construction Lawyers One Year Later
5:45
Closing Remarks, Conference Adjourns to Day 2

Day 2 - Friday, February 26, 2021

10:30
Opening Remarks from the Co-Chairs
10:45
Dispute Resolution for Construction Projects: Assessing Improvements to the Process and Determining Which Method is Right for You
11:45
From Concept to Practical Application: Spotlight on IPD through a Local Lens with Perspectives from Canadian Projects
1:00
Meet-n-Greet in the Speakers Lounge
1:15
Break
1:45

TRANSIT CASE STUDY

Strategies for Preventing, Mitigating and Eliminating Environmental Risks in Construction Projects
2:30
Leveraging Technology to in Legal Services to Create Efficiencies and Security
3:30
Afternoon Break
4:00

LIVE POLLING

Ethics 101: Critical Issues to Consider in Selecting Your Joint Venture Partner and Managing Relations
6:00
Closing Remarks, Conference Concludes

Day 1 - Thursday, February 25, 2021

10:30
Pre-Conference Meet-n-Greet in the Speakers Lounge

Grab your morning coffee and enjoy a unique face-to-face virtual meet and greet with some of the speakers you’ll be hearing from during the conference. This is your chance to gain exclusive access to the expert faculty and get to know one another in a more casual format before the event gets underway!

11:00
Opening Remarks from the Co-Chairs

Neil Abbott
Partner
Gowling WLG

Jennifer Suess
Senior Vice President, General Counsel & Corporate Secretary
RioCan Real Estate Investment Trust

11:15
Stimulus Funding Forecast

Join a sneak peek of what infrastructure stimulus funding programs are being offered and what’s in the pipeline to assist companies with recovering from the impact of COVID-19. Ensure your project is well-positioned to qualify for and benefit from legislative funding options.

11:45

ROUNDTABLE

Think Tank on Effective Project Management in a COVID Era: From Force Majeure to Defending Against Delays and Impact-Related Claims

Jason Annibale
Partner
McMillan LLP

Graham Brown
Partner
Cassels Brock & Blackwell LLP

Joshua Strub, BESc (Civil), JD
Partner
Margie Strub Construction Law LLP

This session will focus on how to effectively manage your project’s risk from drafting contracts to remedying disputes with a special focus on force majeure, quantification of damages, delay, productivity and disruption claims in a global pandemic.

  • Navigating the complexities of contractual agreements to ensure they’re successfully negotiated, structured and drafted with every member of the team
  • Establishing clear expectations and responsibilities of all stakeholders from the beginning to the end of the project
  • Determining how COVID-related clauses are being worked into contracts and the role of force majeure: what is it and how does it apply in the context of health and safety-related delays?
  • Evaluating the general contractor’s responsibility and liability for advancing subcontractor claims against owners
  • Exploring the ripple effects on supply chain, workforce, delivery of materials, foreign procurement, etc.

12:45
1:1 Peer-to-Peer Networking

Make new connections, face-to-face. Troubleshoot top pain points and share breakthrough strategies using an interactive virtual feature that will introduce you to fellow industry leaders for a quick conversation.

1:00
Break
1:30

Part 1

Deconstructing Construction Law Reforms Across Canada: Lessons Learned from the Ontario Experience

Barbara Capes
Assistant General Counsel
Kiewit Canada Inc.

Bill Deley
Senior Counsel – North America
GHD

Howard Krupat
Partner
DLA Piper Canada LLP

The Ontario Construction Act’s prompt payment provisions came into force in 2019 and other provinces such as Alberta, Saskatchewan, British Columbia, and Nova Scotia are moving forward with their own regimes. This session will provide an overview of what the experience has been in Ontario thus far and what other areas can expect going forward. Learn how the changes affect you and what steps you can take to protect your organization whether you are an owner, a contractor or subcontractor, an architect or engineer.

  • How have the amendments to Ontario’s Construction Lien Act changed the landscape of construction contracts and how are risks being mitigated?
  • What has been the experience in global jurisdictions that currently utilize prompt payment and adjudication regimes?
  • How do we balance client, vendor, and partner expectations and demands with tight timelines and notice requirements?

2:30

Part 2

Practical Solutions for Adopting a Prompt Payment Regime and Coping with Growing Pains

Paul Dipede
General Counsel
Corebuild Construction Ltd.

Chad Eggerman
Partner
MLT Aikins LLP

Pierre Hamel
Director of Legal and Government Affairs
Association de la Construction du Québec

Leanna Olson
Senior Legal Counsel
Bantrel Co.

Robby Sohi
Legal Counsel – Western Canada
EllisDon Group of Companies

In October 2020, Bill 37, the Builders’ Lien (Prompt Payment) Amendment Act, was introduced in Alberta and amendments are expected to become law in summer 2021. This session will provide various perspectives on forthcoming construction legislative reforms across the country to address payment issues on construction projects, including in Alberta and Saskatchewan, and compare them with what’s already underway in Ontario and Quebec.

Discussion points will include:

  • Exploring key difference between Alberta’s and Saskatchewan’s prompt payments regimes and Ontario’s approach
    • What is prompt payment and how does it work under the various regimes?
    • What are the benefits and problems associated with the different approaches?
  • Reviewing government 50 pilot projects in Quebec
    • What is the role of a prompt payment regime in terms of economic recovery in a pandemic?
  • Assessing the wide-reaching impacts of the reforms across the construction industry and related sectors
  • Understanding contract risks under the prompt payment regime in the COVID era and the importance of record-keeping and communication

3:45
Afternoon Break

For the first 15 minutes of this break, you will have the opportunity to connect, chat and share contact details with up to 5 other attendees, selected at random, for a one-on-one conversation.

4:15
The Ins and Outs of Construction Liens & Common Pitfalls to Avoid

Brian Chung
Partner
Aird & Berlis LLP

This session will offer a deep dive into how construction liens work, the nature of a lien and other related issues to provide you with a practical understanding of where companies go wrong and practical tips on how to meet the obligations. Come ready with your questions!

  • Timeline issues:
    • When do liens arise and when do they expire?
    • What items are properly included in a lien?
    • How do the transition rules affect the timelines for liens?
    • How do the transition rules affect access to Adjudication?
  • Prosecuting lien claims; priorities between liens and other encumbrances on title
  • What are the process requirements to manage and participate in the summary process of a lien action? Pre-trials, settlement meetings, and other unique aspects of a lien proceeding

5:00
Fireside Chat on Adjudication: Update on Lessons Learned from ODACC and Construction Lawyers One Year Later

Keith Bannon
Managing Partner
Glaholt Bowles LLP

Elise Teitler
Project Manager
ODACC

Receive a first-hand update from the Ontario Dispute Adjudication for Construction Contracts (ODACC) and construction lawyers engaged in adjudications one year after adjudication was introduced and derive what other provinces can anticipate about the process.

5:45
Closing Remarks, Conference Adjourns to Day 2

Day 2 - Friday, February 26, 2021

10:30
Opening Remarks from the Co-Chairs
10:45
Dispute Resolution for Construction Projects: Assessing Improvements to the Process and Determining Which Method is Right for You

Jesse Gardner
Partner
Singleton Urquhart Reynolds Vogel LLP

Ian Marshall
Vice President, Commercial & Legal
Bot Construction Group

Jay Nathwani
Senior Legal Counsel
Crosslinx Transit Solutions Constructors

Construction projects are complex and multi-faceted endeavors involving many parties with individual needs and interests, resulting in a greater likelihood that disputes will arise. Identifying common construction disputes and working to avoid them must constitute an essential part of each party’s risk management plan.

Join our panel of experts for an engaging discussion on:

  • The importance of getting the contract right before it is entered into. Contract terms: scope, time, quality, cost, risk, role of the engineer/consultant, and dispute resolution
  • What are your dispute resolution options under your contract? Should you consider mediation or arbitration instead, and why?
  • How to clearly establish expectations and responsibilities at the outset of a project by striking a balance in priorities
  • Adequately defining project scope with the intention of avoiding cost overruns and disputes
  • Maximizing your awareness and preparedness for potential setbacks at every stage of the project
  • Anticipating potential disputes and strategizing means of deterring and resolving them
  • Cost-effective dispute resolution: what are the options? Adjudication, expert determination, dispute boards
  • What is the “best” method of resolution of construction disputes? Time, cost, quality of outcome and proportionality; the role of evidence and procedure
  • Understanding and navigating dilemmas at the core of disputes
  • Litigating construction disputes post-COVID
    • Expedited mechanisms to achieve resolution of COVID disputes, dispute review boards, adjudication arbitration, and litigation.
    • Digitization of the courts and virtual arbitration proceedings lessons learned and future changes: witness examination, displaying of documents, etc.

***At the end this session, we will open the floor to questions. Please send questions in advance to Parvaneh at [email protected]

11:45
From Concept to Practical Application: Spotlight on IPD through a Local Lens with Perspectives from Canadian Projects

Glenn Ackerley
Partner
WeirFoulds LLP

Markku Allison
Vice President, Strategy + Innovation
Chandos Construction

Ellie Choi
Vice President and General Counsel
Chandos Construction

Geoff Capelle
Project Development Manager
Bird Construction

Integrated Project Delivery (IPD) is a collaborative project delivery approach that integrates people, systems, and business models to optimize the project management process from design to construction. This session will offer an in-depth discussion on this approach, including a critical reflection on its use in recent construction projects.

Topics will include:

  • CCDC30 overview: structure and major moving parts
  • Implications of the IPD contract from a philosophical perspective
  • Keys to success in validation / IPD; evidence of real-life project successes
  • Owner readiness and path to implementation
  • IPD in the industrial sector and project suitability
  • The emerging role of IPD in oil and gas industry

1:00
Meet-n-Greet in the Speakers Lounge

Grab your lunch and enjoy a unique face-to-face virtual meet and greet with some of the speakers you’ll be hearing from during the conference. This is your chance to gain exclusive access to the expert faculty and get to know one another in a more casual format.

1:15
Break
1:45

TRANSIT CASE STUDY

Strategies for Preventing, Mitigating and Eliminating Environmental Risks in Construction Projects

Marty Venalainen
Director, Transaction Legal
Infrastructure Ontario

Iain Peck
Partner
Stieber Berlach LLP

Transit construction projects involve many moving parts, making them ripe for conflicts and potential delays at every stage of the process. This session will view a variety of delay claims, disputes and litigation-related issues, primarily related to environmental issues, from the perspective of key transit projects with applications to other types of projects.

  • Assessing two types of risk: unforeseen and unforeseeable
    • What are the differences and how to ensure you’re staying on top of both
  • Understanding the impact of environmental issues; geotechnical risk and other site conditions from a contractual and practical perspective through case law examples
    • What background information on site conditions is provided by an owner and their consultant to the contractor during the tendering process? How reliable is it for the contractor?
    • How is that risk allocated in the contracts? What happens when background information is incorrect prior to the commencement of work and what are the implications?
  • Contamination issues – where does the responsibility lie and how to deal with unforeseen costs
  • Examining issues surrounding utility relocations
  • Analyzing ongoing and potential disputes related to major projects, including Eglinton Crosstown LRT, Union Station revitalization, Ottawa’s Stage 2 Light Rail Transit project, Ontario Line, etc.
  • Assessing the resiliency needed for construction projects to succeed from start to finish

2:30
Leveraging Technology to in Legal Services to Create Efficiencies and Security

Karen Groulx
Partner
Dentons Canada LLP

COVID-19 has forced many companies to go digital in their processes, changing how they conduct business operations from planning of projects and electronic document management to remote meetings and site visits. This session will explore the efficiencies that were born out of necessity and whether they are continuing to be implemented as a better way forward.

  • Exploring lessons learned from virtual trials, discoveries and meditations in the construction world and anticipating future changes
  • Predicting the impact on process even after in-person courts and tribunals return – are remote witness testimony and other new approaches here to stay?
  • Debating the reliability of software for generating and cataloging documents – How has technology adapted and is now being used on construction projects to record everything from change orders to site instructions?

3:30
Afternoon Break
4:00

LIVE POLLING

Ethics 101: Critical Issues to Consider in Selecting Your Joint Venture Partner and Managing Relations

Amee Sandhu
Founder & Principal Lawyer
Lex Integra Professional Corporation

Julianna Fox
Chief Ethics and Compliance Officer
WSP

This session will provide a breakdown of key ethical issues to consider and best practices to implement when dealing with joint ventures in construction projects.

  • Identifying your joint venture partner:
    • What kind of due diligence are you doing when you select your joint venture partner? Should you do this before or after your bid/proposal goes to the client?
  • Ethics terms and conditions in your joint venture agreement – what should you have?
  • Codes of conduct and why do they matter? Whose code of conduct prevails? Should you write a specific code of conduct for your joint venture?
  • Ethics trainings: Whose budget pays for the training and which platform do use?
  • Whistleblower Hotlines: Whose whistleblower policy prevails? Whose hotline do you use?
  • Investigations:
    • Whose investigations policy and process prevails?
    • Who will conduct any investigations? Each JV partner, or a joint investigations team?
    • Who will get access to any investigation reports?
    • Who will have authority to implement recommendations coming out of investigations reports?
  • Auditing your joint venture partner? When and how should you audit your joint venture team member?
  • Conflicts of interest: How will you handle conflicts of interest?
  • Subcontractors – how much of this should flow down to subs of the JV partners, and who is responsible for that?

6:00
Closing Remarks, Conference Concludes