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

January 25, 2023 9:45am

Robby Sohi
Senior Counsel
EllisDon

Bryan G. West
Partner
McCarthy Tetrault LLP

Brent Willett
Interim President and CEO
Supply Chain Canada, Alberta Institute

The COVID-19 pandemic and the war in Ukraine have caused significant disruptions to supply chains and have raised required spend in an unprecedented manner. With the future still uncertain, solicitors, 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
  • Lessons learned from recent case law on the issues of supply chain disruption and price escalation
    • Considering strategies to argue entitlement and applicable laws
  • Extrapolating the lessons learned for future planning