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Construction Project Risk Management From A Legal Perspective

Event Type: Speaker Presentation
Start Date/Time: 4/23/2013 8:30 AM
End Date/Time: 4/23/2013 5:00 PM
Location: The Ontario Heritage Building – Gallery Room – 10 Adelaide Street
East; Toronto |

GOVERNMENT RELATIONS COMMITTEE EDUCATION SESSION

TUESDAY, APRIL 23, 2013

"CONSTRUCTION PROJECT RISK MANAGEMENT FROM A LEGAL

PERSPECTIVE"

SESSION OVERVIEW

Construction projects are often complex; they present significant

obligations and risks to all stakeholders. Understanding the potential
exposures to liability is essential to effective project risk management.
This course will provide an overview of the significant legal risks that
exist within the various phases of construction projects including the
planning and contract design, procurement, construction,
commissioning, handover, closeout and operational phases. Case law
drawn from Ontario will be used to demonstrate significant legal risks
that impact construction projects and the techniques to mitigate these
risks.

This course will be led by subject matter experts from WeirFoulds LLP
which has consistently been ranked in the Canadian Lawyer top 10 of
central Canada's leading regional law firms. The course content will
appeal to internal auditors, buyer, project managers and lawyers.

SPEAKER

Glen Ackerley

Glenn practises exclusively in the area of construction law. He

represents clients from across the construction industry in a variety of
construction-related matters. He is regularly consulted about
negotiating and preparing construction and consultant contracts,
procurement and tendering issues, and risk avoidance strategies. When
disputes arise, Glenn acts for clients in the ICI sector in construction
lien and trust claims, bond claims, and construction delaySign and In

deficiency claims.

Glenn is active in the industry, participating on boards, committees and

working groups to support the industry. He is a Past Chairman of the
Board of the Toronto Construction Association and is on the Board of
the Canadian Construction Association. He is a past member of the
Executive of the Construction Section of the Ontario Bar Association,
and sits on its Construction Association Liaison committee. Glenn is a
member of the Council of Ontario Construction Associations' Lien Act
Subcommittee, and has participated in the Ministry of Health/Ontario
General Contractors Association Task Force on standard bidding and
construction documents.

He developed and taught the Construction Law course at the

Department of Architectural Science of Ryerson University for many
years. The course covered a range of issues, including contract and
negligence law, tendering, construction liens, damages and dispute
resolution. He has written several published articles and given
presentations on legal topics to both industry and legal groups such as
seminars at the Ontario General Contractors Association’s Symposium.

Appreciating the important role played by alternative dispute resolution,

Glenn has trained and gained experience in both mediation and
arbitration, acting as counsel, mediator and arbitrator. Glenn is a roster
member of Tarion’s Builder’s Arbitration Forum and member of the
construction section, ADR Institute of Ontario.

Glenn is a Fellow of the Canadian College of Construction Lawyers.

Michael Swartz

Michael represents clients from across Ontario in his construction law

practice. He is involved in every facet of the construction industry,
including strategy development – from project inception to completion.
He is experienced in structuring tendering and contract documents
related to all aspects of development. Michael's practical and time-
saving advice has resolved wide-ranging issues arising from
procurement and contract disputes and lien, trust and delay claims.

Michael appears frequently before various boards, tribunals and courts,

including the Ontario and Superior Courts of Justice, the Ontario Court
of Appeal and the Federal Court of Canada. He also speaks regularly to
various associations and groups on topical issues concerning the
construction industry. He provides clients with timely and relative
updates on court cases, decisions and statute changes. Michael has
taught Construction Law courses for the Ontario General Contractors
Association and George Brown College since 2006.

DETAILED COURSE OUTLINE

Overview of Construction Project Phases:

Planning and Project Delivery
Procurement
Construction
Claims and Disputes
Handover and Closeout
Operations during and after Warranty Period
Typical Disputes & Techniques to Avoid them will be discussed
during the Project Phases:
Changes in scope
– Change Orders and Change Directives
– Approval & Payment
Deficiencies
Delay and Impact Claims
– Unforeseen Circumstances
– Owner-caused
– Contractor-caused
Insolvency issues
1. Planning and Project Delivery
Managing and Transferring Risk in Construction Contracts
Types of Contracts
Inherent Risks in Contracts
Occupational Health and Safety Issues
Risk Transfer Techniques
Bonding, Sureties and Insurance
Principles of Surety Bonding
Claiming under Surety Bonds
Principles of Insurance
Subcontractor Default Insurance
Insurance Claims
2. Procurement
Bidding and Tendering: Strategies for Minimizing Risk
Basic Principles in Bidding & Tendering
Risks and Strategies to Manage Them
3. Construction
Contract Management
Contractor’s Responsibilities
Owner’s Responsibilities
Project Management
Management of Schedule Risks
Management of Scope Risks
Management of Budget Risks
Management of Quality Risks
Deficiency Management
Documentation of Deficiencies
Holdbacks for Deficiencies
4. Liens and Trusts and Dispute Resolution
Liens and Trusts
Overview of Construction Liens and Trusts
Substantial Performance
Release of Holdback
Disputes Resolution
Delay and Impact Claims
Mediation
Arbitration
Litigation
5. Handover and Closeout
Documentation Management
Lessons Learned for Next Projects
6. Operations
Quality Issues during Warranty Period
Quality Issues after Warranty Period
Limitations Act issues for future defects

REGISTRATION
As space is limited, please pre-register by calling or emailing the IIA
Toronto Chapter Office. Late registrations may not be accommodated
due to space limitations. Substitutions are welcome.

To register online, please visit the event website:

Website: http://www.gifttool.com/registrar/ShowEventDetails?
ID=2071&EID=14743
Phone: 416-223-5326
Fax: 905-508-2790
Email: administrator@iia-toronto.org

Breakfast and lunch will be provided.

COST
Members - $125 (plus HST) / Non-Members - $175 (plus HST)

Please Note: There is a cancellation policy in effect.

CPE: 8.5 credits

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