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Day 1 - Thursday, February 24, 2022

8:00
Registration Opens
9:00
Opening Remarks from the Co-Chairs
9:15
How the Amended Ontario Construction Act is Working and Impacts of this Procedural Change Across the Construction Industry
10:15
Managing Your Project’s COVID Related Risks and Delays
11:15
Refreshment Break
11:30
Alternative Dispute Resolutions– Rethinking the Approach and Determining Which Method Is Right for You to Resolve Problems and Avoid Going to Court
12:30
Lunch Break
1:45
Practical Tips on Construction Liens: Lesser-Known Pitfalls and Where Companies Go Wrong
2:45
Refreshment Break
3:00
Leveraging Technology to Manage Risk
4:00
Tips, Trends and Tools to Manage Risk at the Procurement Stage
5:00
Closing Remarks from the Conference Co-Chair and Conference Adjourns

Day 2 - Friday, February 25, 2022

8:30
Registration Opens
9:00
Opening Remarks from the Co-Chairs
9:05
Assessing the Risks, Challenges and Benefits Associated with Integrated Project Delivery (“IPD”) and Other Delivery Models
10:15
Refreshment Break
10:30
Allocating Risk and Discerning the Role of Subtrades in Construction Projects
11:30
Surety Bonds: Avoiding Insolvency and Practical Tools to Protect Your Project Outcome
12:30
Lunch Break
1:30
Understanding the Ethical and Relationship Issues in Construction Joint Venture Projects and Damages Prevention
2:30
Refreshment Break
2:45
Best Practices for Mitigating Environmental and Geotechnical Risks in Construction Projects
3:30
Revisiting Project Scope: Best Practices for Change Orders After the Contract Has Been Signed
4:15
Closing Remarks from the Co-Chair and Conference Ends

Day 1 - Thursday, February 24, 2022

8:00
Registration Opens
9:00
Opening Remarks from the Co-Chairs

Giovanni Cautillo
President
Ontario General Contractors Association

Howard Krupat
Partner
DLA Piper

9:15
How the Amended Ontario Construction Act is Working and Impacts of this Procedural Change Across the Construction Industry

Andrew Heal
Partner
Heal & Co. LLP

Reform of payment is in play in Ontario by the recently amended Construction Act. Learn what’s working and what’s not and understand how the new mandated policies changes your business model. Understand the effects of prompt payment and build procedures to ensure compliance. Are there lessons to be learned from other jurisdictions that could be adopted in Ontario?

  • Assessing the wide-reaching impacts of the prompt payment reforms across the construction industry and related sectors
  • Getting the lenders on board for prompt payments
  • Reviewing the difference between prompt payment versus the previous provisions and the effect on lien litigation
  • How have the amendments to Ontario’s Construction Act changed the landscape of construction contracts and how are risks being mitigated?

10:15
Managing Your Project’s COVID Related Risks and Delays

Andre Brace
Senior Director, Construction Solutions
FTI Consulting

Sahil Shoor
Partner
Gowling WLG

Robert Poole
Senior Managing Director
FTI Consulting

After the COVID-19 pandemic delayed construction projects, owners are now faced with delay claims that need to be resolved in a reasoned, fair, and timely manner. 

  • Strategies for addressing issues such as physical distancing, cleaning and sanitation, appropriate screening, etc. and the effect on production on site.
  • Exploring the ripple effects from broken supply chains, reduced workforce, late delivery of materials, and difficulties of procurement from non-domestic sources, etc.

11:15
Refreshment Break
11:30
Alternative Dispute Resolutions– Rethinking the Approach and Determining Which Method Is Right for You to Resolve Problems and Avoid Going to Court

Lia Bruschetta
Associate, Litigation
Osler Hoskin & Harcourt LLP

Ian Marshall
Vice President, Commercial & Legal
Bot Construction Group

Michael Swartz
Partner
Weir Foulds LLP

  • Developing an effective management plan to identify common construction claims and how to avoid them
  • Assessing your dispute resolution options before agreeing to them contractually, and when to consider mediation or binding arbitration instead, and why?
  • How to clearly establish expectations and responsibilities at the outset of a project by striking a balance in priorities and delivery of those priorities
  • Working with your consultants to ensure a fully defining project scope with the intention of avoiding cost overruns, surprises, and disputes
  • Anticipating potential disputes and strategizing means of deterring and resolving them by establishing effective communication strategies
  • What are the provisions in a standard CCDC contract for dispute resolution, and is that what is best for everyone?

12:30
Lunch Break
1:45
Practical Tips on Construction Liens: Lesser-Known Pitfalls and Where Companies Go Wrong

Kenneth Movat
Partner
Fogler Rubinoff LLP

Graham Brown
Partner
Cassels Brock & Blackwell LLP

This session will offer a deep dive into how liens work, the creation of a lien and other related issues to provide you with a practical understanding of the use of liens, and how to protect yourself with liens, as well as protecting yourself from liens.

  • How do liens arise and what are the rights and procedures to create a lien?
  • What items are properly included in a lien?
  • How do the transition rules affect the timelines for liens?
  • What are your obligations and rights in creating a lien?
  • Defending and vacating a lien to make sure it doesn’t completely derail your project
  • Understand and know the process of liens and how a lien can be resolved and disposed of expeditiously
  • Understanding the implications of a lien on a project

2:45
Refreshment Break
3:00
Leveraging Technology to Manage Risk

Andrea Lee
Partner
Glaholt Bowles LLP

Rosemarie Lipman
Chief Information Officer and Senior Vice President, Digital and Data Engineering
EllisDon

Brent Mauti
Chief Technology Officer
Turner Fleischer Architects Inc.

  • Visualizing your project through Building Information Modeling (BIM)
  • Managing the flow of information to capture changes using BIM to ensure that every project partner is apprised of progress and changes
  • What are the liability implications amongst the parties of using BIM?
  • What are the issues for owners, consultants, contractors, and sub-contractors regarding their handling of BIM files?
  • Who owns what, and who is responsible for changes in the BIM system?
  • Protecting Intellectual property rights

4:00
Tips, Trends and Tools to Manage Risk at the Procurement Stage

Paul Dipede
General Counsel
Corebuild Construction Ltd.

Faren Bogach
Founder and Lawyer
Construct Legal

  • Identifying components of responses to RFPs that concern municipal and provincial owners; are there common red flags that concern government owners?
  • Interpreting the underlying issues resulting from RFP questions and commentary where parties are shuffling the risk around, and the cost implications
  • Demystifying the bidding and tendering process – understanding the major obstacles vendors and contractors face when responding to RFPs
  • Identifying hidden sources of “value” – going beyond the lowest-price model to find value metrics that can help your project
  • Can procurement alter or improve the supply chain issue?

5:00
Closing Remarks from the Conference Co-Chair and Conference Adjourns

Day 2 - Friday, February 25, 2022

8:30
Registration Opens
9:00
Opening Remarks from the Co-Chairs

Giovanni Cautillo
President
Ontario General Contractors Association

Howard Krupat
Partner
DLA Piper

9:05
Assessing the Risks, Challenges and Benefits Associated with Integrated Project Delivery (“IPD”) and Other Delivery Models

Bill Lett
Managing Principal
Lett Architects

Lindsay Worton
IPD + Continuous Improvement Coach
Chandos Construction

Jessica Liefl
Manager of Facility Planning and Development, Corporate Facilities Department
City of Barrie

This session will present a variety of construction models, with an in-depth look at IPD and the risks, the rewards and the costs associated with each delivery method.

  • Examining the successes and challenges to date of traditional Design-Bid-Build, Design-Build, P3s, using real-world experiences; what are the risks associated with each?
  • How is IPD distinct from more traditional Design-Bid-Build, Design-Build and Design-Build models?
  • Identifying whether IPD would be a match for your project; when IPD works and when it does not
  • Reviewing the challenges in bringing IPD projects to the market; what projects are ideal for this type of collaborative contract?
  • Resolving contractual disputes in an IPD model – does one contract really simplify dispute resolution? Can a unified contract help to minimize cost overruns and prolonged disputes?
  • Industry insight and real-world examples from IPD projects

10:15
Refreshment Break
10:30
Allocating Risk and Discerning the Role of Subtrades in Construction Projects

Laura Brazil
Partner
McMillan LLP

Sub-contractors, trades, and suppliers play an important role in construction projects. It is important to make sure that risks are appropriately allocated between owners, contractors, sub-contractors, suppliers, and trades. This session will address:

  • Issues arising out of standard-form subcontracts
  • Flow-down provisions, pay-when-paid clauses, and dispute resolution clauses
  • Deficiencies and warranties
  • Differences between trade contractor vs sub-contractor and sub-contractor vs supplier

11:30
Surety Bonds: Avoiding Insolvency and Practical Tools to Protect Your Project Outcome

Tara Wishart
Manager, Contract Surety Claims, Ontario/Atlantic Region
Intact Insurance

Chris Burr
Partner
Blake, Cassels & Graydon LLP

Many construction contractors have dealt with and continue to deal with significant financial constraints coming through the pandemic, and some may face insolvency. This session will focus on surety bonds: why you need them, how they work, the claim process, who needs to be involved, etc.

  • How are surety claims or surety bonds impacted by COVID-19?
  • Common myths around surety bonds as a risk mitigation tool
  • Ensuring you’re protected from contractor and sub-contractor insolvency as companies struggle to recover from effects
  • How will the Companies’ Creditors Arrangement Act or Bankruptcy and Insolvency Act impact your projects?
  • Dealing with financial issues that land on your doorstep because of contractor or sub-contractor financial issues

12:30
Lunch Break
1:30
Understanding the Ethical and Relationship Issues in Construction Joint Venture Projects and Damages Prevention

Bill Deley
Principal and Assistant General Counsel
GHD

Iain Peck
Partner
Stieber Berlach LLP

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

  • Understanding relationship issues in larger projects; who are you representing when you’re representing one of the joint venture members as well as the joint venture?
  • Exploring cases related duty of good faith/duty of honest performance in construction contracts
  • Comparing approaches taken by Ontario and Alberta courts and overarching impacts from a legal perspective with a view towards the relationship between the contracted parties and the duties of care

2:30
Refreshment Break
2:45
Best Practices for Mitigating Environmental and Geotechnical Risks in Construction Projects

Mark A.D. Coleman
Partner
Forbes Chochla Leon LLP

  • Understanding the impact of environmental issues and greater environmental sensitivity
  • Examining geotechnical risk and other site conditions from a contractual, practical and liability perspective
    • Existing conditions and the process of providing background information on site conditions by an owner and their consultants to the contractor during the tendering process and what reliance must the contractor make on it?
    • How is that risk contained in the contracts?
    • What happens when background information is incorrect prior to the commencement of work and what are the implications?
  • Contamination issues – how to manage pre-existing contamination and potential overruns of scope
  • Where does the responsibility lie and how to deal with unforeseen costs?
  • Examining issues surrounding utility relocations

3:30
Revisiting Project Scope: Best Practices for Change Orders After the Contract Has Been Signed

Justin DeMerchant
Contracts and Legal Director
Crosslinx Transit Solutions Constructors

Jakub Slominski
Procurement Manager
Crosslinx Transit Solutions Constuctors

Matthew Baginski
Procurement and Contracts Manager
Crosslinx Transit Solutions Constructors

Changes in scope happen, but it is in the best interest of all parties that they do not cause significant delays and conflict. Clear communication and understanding of what is involved in the change and having a fulsome view of the full impact of proposed modifications throughout the contract chain, from supply of materials, to increased work, delays, and labour consideration are critical. Identifying the changes to avoid costly remediation work is also a necessary risk management point.

  • Why are change orders necessary?
  • How to manage expectations and ensure all parties are treated fairly
  • Establishing a change management mechanism to anticipate the need for potential change orders
  • Tracking change orders and paying for them
  • Issuing notifications of change and delay to ensure proper and timely execution
  • Ensuring that timelines established in the contract are followed with respect to delays caused by changes
  • The Courts’ view of changes and who is liable

4:15
Closing Remarks from the Co-Chair and Conference Ends