TRANSIT CASE STUDY

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

February 26, 2021 2:45pm

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