“The calibre of the instructors is first rate!”
Guenther Mueller, Manager, Contract Services
Yukon Government
The Osgoode Certificate in
Construction Law
Don’t miss this in-depth, practical program that covers
project delivery models through to dispute resolution
November 24 - 28, 2014 | 5 Days | Toronto, Canada
Fulfill your full annual CPD
requirement. See reverse for details.
Why You Should Attend
Today’s construction projects are highly complex, and present an array of challenging risks and
obligations for all stakeholders. A comprehensive understanding of key issues and the potential
exposure to liability in this high-stakes area is essential.
Program Details
Dates
Day 1
Project Delivery and the
Construction Contract
November 24, 2014
Day 2
Design Professionals, Owners and P3s
November 25, 2014
In this unique, intensive, five-day certificate course, now in its fourth year, over 20 senior legal
and construction professionals will cover what you need to know from contract formation through
to dispute resolution, including the key participants and their roles in various forms of project
delivery; the different types of construction contracts in general use; bidding and tendering;
the liability of the design professional; liens and trusts; recurrent claims issues, including
unanticipated site conditions and disputes concerning changes; alternative approaches to
quantifying and evaluating delay and impact claims; dispute resolution, including mediation
and arbitration; construction insurance; bonding and surety issues; delays; and construction
health and safety risk management.
Participants will develop a thorough understanding of the core legal issues impacting
construction projects today, and will be better equipped to minimize exposure to costly risk.
Day 3
Claims, Bidding & Tendering
November 26, 2014
What You Will Learn
Day 4
Claims Issues, Liens and the OHSA
November 27, 2014
On completion of this program, you will understand:
• The various project delivery models, and when to use them
Day 5
Arbitration, Mediation, Construction
Insurance and Surety Bonding
November 28, 2014
• The key advanced issues in construction contracts, how to assess the limitations
of standard forms and the differing alternatives available
• The basic principles of bidding and tendering, the treatment of privilege and
discretion clauses and the correction of tender errors
• The specialized insurance issues that are relevant to the construction process
• The basic concepts and terminology of construction liens, the preservation and
perfection of liens and the holdback system
“I was extremely impressed with this
course. The calibre of the presenters
and their ability to convey their
knowledge in an engaging manner
was much appreciated.”
• The impact of recurrent issues in construction claims, including delay and impact claims,
unanticipated site conditions and changes of scope, extras, productivity, and limitations issues
• The role of mediation and arbitration in resolving construction disputes
• The role and responsibilities of both the design professional and the owner of construction
projects, and their respective duties of care
Kristina Gardonio
Manager, Contract Claims, Facca Inc.
• The essential role of the surety in the construction process
• The differing types of P3 arrangements used in Canada, and the roles of
the key participants
The program will be held at
Osgoode Professional
Development’s Downtown
Toronto Conference Centre.
• The key principles and liabilities of the various parties in the construction process
under the Occupational Health and Safety Act
Who Should Attend
• Construction, municipal and
real estate lawyers
• In-house counsel
• Owners and developers
• Builders and construction professionals
• Architects
• Engineers
• Construction procurement professionals
• Construction industry consultants
• Mediators and arbitrators of construction disputes
• Anyone who is engaged with construction projects,
whether as a project sponsor with the client,
project manager, construction manager or other
consultant
THE OSGOODE CERTIFICATE IN CONSTRUCTION LAW
In five consecutive, intensive one-day modules, an expert faculty of over 20 senior legal and construction experts will
deliver the key concepts of construction law. There will be an emphasis on practical, real world situtations and there
will be ample opportunity for questions and class discussion.
THE CURRICULUM
DAY 1
November 24, 2014, 8:45 a.m. – 5:00 p.m.
Project Delivery and the Construction Contract
Introduction to the Program
Delivering the Construction Project
An examination, from a project management perspective, of the practical
and operational challenges inherent in delivering construction projects,
including methodologies for aligning the often conflicting interests of
the many stakeholders in the process.
Project Delivery Models: A Comparative Analysis
A detailed analysis of the differing contracting models in common
use in construction project delivery, including design-bid-build,
design-build, construction management for services and work,
construction management for services only, as well as differing pricing
alternatives commonly employed (stipulated sum; cost-plus; unit price).
Will include considerations of the risk profile and other determinants
favouring each method in particular circumstances.
contractual considerations, changes over project lifespans and duties
of care to third parties. The first session will focus on the design
professionals and the second on owners of construction projects.
Public-Private Partnerships: The Owner/Proponent Perspective
Public-Private Partnerships: The Contractor Team Perspective
Essential guidance on the differing types of P3 arrangements used in
Canada, including explanations of various transaction structures and
what distinguishes P3s from CCDC deals. One session will focus on the
owner and proponent’s perspectives and a second will focus on the
contractor team’s perspective to examine the key participants, their
roles and typical risk allocation issues inherent in this mode of delivery.
Special Luncheon Address
“The Role of Infrastructure Ontario in Infrastructure
Development”
Marni Dicker, Executive Vice President, General Counsel and Corporate
Secretary, Infrastructure Ontario
Faculty
Geza R. Banfai, McMillan LLP
Advanced Issues in Construction Contracts
P. John Brunner, Brunner and Lundy, Barristers and Solicitors
An examination of more advanced issues involving construction contracts,
including limitations of the standard forms and differing alternatives
available; and issues involving more problematic types of provisions
such as indemnities, warranties and force majeure provisions.
Dražen F. Bulat, Miller Thomson LLP
Timothy John Murphy, McMillan LLP
DAY 3
Special Luncheon Address
“The Canadian Construction Industry”
Serge Massicotte, Chair, Canadian Construction Association
November 26, 2014, 8:55 a.m. – 5:00 p.m.
Claims, Bidding & Tendering
Bidding and Tendering: Basic Principles
Faculty
D. Robert Beaumont, Osler Hoskin & Harcourt LLP
Franklin Holtforster, President and CEO, MHPM Project Managers Inc.
Ian J. Houston, Borden Ladner Gervais LLP
An examination of the basic principles governing the Canadian law
of bidding and tendering, including the origins and evolution of the
Contract A/Contract B paradigm and the principle of compliance. The
session will include a review of the seminal authorities such as Ron
Engineering; Martel; and MJB.
Bidding and Tendering: Advanced Issues
DAY 2
November 25, 2014, 8:55 a.m. – 5:00 p.m.
Design Professionals, Owners and P3s
The Role and Responsibilities of the Owners of Construction Projects
The Role and Responsibilities of the Design Professional
A thorough guide to the duties and obligations of key players in the
construction process, including theories of liability and defence,
An in-depth review of advanced problems in bidding and tendering
including: the treatment of privilege and discretion clauses after
Tercon; judicial review as a remedy; and issues surrounding the
correction of tender errors.
Construction Claims: Extras, Change of Scope
Construction Claims: Productivity, Delay, and Impact Claims
An in depth analysis of common construction claims over two
consecutive sessions. The first session will focus on extras and
© Osgoode Professional Development, 2014
Register online today at www.osgoodepd.ca
changes of scope, including the basic principles, valuation, site
conditions, environmental issues and limitation issues. The second
session will focus on productivity, delay and impact claims, including
causes of lost productivity, quantifying the loss, critical path analysis
and limitation issues.
DAY 5
November 28, 2014, 8:55 a.m. – 5:00 p.m.
Arbitration, Mediation, Construction Insurance
and Surety Bonding
Arbitrating the Construction Dispute
Special Luncheon Address
“Current Challenges Facing the Construction Industry”
Clive Thurston, President, Ontario General Contractors Association
Faculty
An overview of the arbitration process, including an exploration of the
issues surrounding arbitrator selection, the arbitration agreement, the
actual arbitrated hearing of a construction dispute, and the appeal of the
arbitral award. Evidentiary issues, and the treatment of expert witnesses
in particular, will also be discussed.
Mediating the Construction Dispute
Glenn W. Ackerley, WeirFoulds LLP
Matthew R. Alter, Cassels Brock & Blackwell LLP
Derek A. Brindle, QC, Singleton Urquhart LLP
Helmut K. Johannsen, Fasken Martineau DuMoulin LLP
A review of the theories and principles of mediation and the role of
the mediator and counsel, with particular emphasis upon the
preparation and conduct of a mediation of a construction dispute.
Construction Insurance
DAY 4
November 27, 2014, 8:55 a.m. – 5:00 p.m.
Claims Issues, Liens and the OHSA
Surety Bonding
Delay and Impact Claims: Quantifying the Loss
A detailed explanation of the differing analytical approaches to
evaluating losses due to delay and disruption, including the
limitations of each.
Construction Liens: Basic Principles, Cross-Canada Comparison
of Key Differences
The basic concepts and terminology underlying lien legislation, with
an examination of various provincial construction lien acts and how
issues such as the nature of the lien, preservation and perfection of
the liens and the holdback system are addressed.
Construction Liens: Advanced Lien Issues, Trust Claims
Review of advanced issues involving liens, including liens on public
works, sheltering, priority issues (mortgage and CRA), correcting
errors in liens and trust claim issues.
Occupational Health and Safety Issues in Construction
An overview of the key principles and liabilities of the various parties
in the construction process under the OHSA, including constructor
liability and the appropriate responses to accidents and investigations.
Special Luncheon Address
“Integrated Project Delivery”
Art Winslow, Graham Construction and Engineering
An explanation of the specialized insurance issues particularly relevant
to the construction process, including a review and comparison of the
differing types of insurance available, considerations of risk assessment
and the proper choice of insurance in differing project delivery scenarios.
A review of the essential role of the surety in the construction process,
including: the underlying principles of surety bonding; the role of the
surety, the principle and the obligee; the types of bonds typically used in
construction; and the legal and practical aspects of asserting claims and
defences under bonds. Problematic bonded projects will also be discussed,
including an examination of the surety’s proper role and function in such
situations, strategies and possible repairs and best practices to efficiently
resolve claims.
Special Luncheon Address
“A View From the Bench”
The Hon. Justice Andromache Karakatsanis, Supreme Court of Canada
Faculty
Stephen Morrison, Cassels Brock & Blackwell LLP
Stanley Naftolin, Q.C., C.S., Goldman Sloan Nash & Haber LLP
R. Bruce Reynolds, Borden Ladner Gervais LLP
Sharon C. Vogel, Borden Ladner Gervais LLP
Note: In order to receive the Osgoode Certificate in
Construction Law, students must successfully complete the
take-home assignment and attend all five days of the program.
Faculty
Roger Bridges, Knowles Consultancy Services Inc.
Cheryl A. Edwards, Mathews, Dinsdale & Clark LLP
Anna Esposito, Pallett Valo LLP
Andrew Gurlesky, McLauchlin & Associates
W. Andrew McLauchlin, McLauchlin & Associates
Register online today at www.osgoodepd.ca
The Osgoode Certificate in Construction Law draws on
the expertise of an outstanding faculty of senior legal and
construction professionals, including:
Glenn W. Ackerley, WeirFoulds LLP
Matthew R. Alter, Cassels Brock
& Blackwell LLP
Helmut K. Johannsen, Fasken Martineau
DuMoulin LLP
Geza R. Banfai, McMillan LLP
The Hon. Justice Andromache
Karakatsanis, Supreme Court of Canada
D. Robert Beaumont, Osler, Hoskin
& Harcourt LLP
Serge Massicotte, Chair, Canadian
Construction Association
Roger Bridges, Knowles Consultancy
Services Inc.
W. Andrew McLauchlin, McLauchlin
& Associates
Derek A. Brindle, QC, Singleton
Urquhart LLP
Stephen Morrison, Cassels Brock
& Blackwell LLP
P. John Brunner, Brunner and Lundy
Barristers and Solicitors
Timothy John Murphy, McMillan LLP
Dražen F. Bulat, Miller Thomson LLP
Marni Dicker, Executive Vice President
General Counsel and Corporate Secretary
Infrastructure Ontario
Cheryl A. Edwards, Mathews, Dinsdale
& Clark LLP
Anna Esposito, Pallett Valo LLP
Andrew Gurlesky, McLauchlin & Associates
Franklin Holtforster, President and CEO
MHPM Project Managers Inc.
Ian J. Houston, Borden Ladner
Gervais LLP
Stanley Naftolin, Q.C., C.S., Goldman
Sloan Nash & Haber LLP
R. Bruce Reynolds, Borden Ladner
Gervais LLP
Clive Thurston, President, Ontario
General Contractors Association
Sharon C. Vogel, Borden Ladner
Gervais LLP
Art Winslow, Graham Construction
and Engineering
“Speakers were very clear and direct with
their information and answered questions
in great detail – A+!”
Rocco Micciola, Controller, Limen Group Ltd.
Osgoode Hall Law School’s Osgoode Professional Development offers both credit
and non-credit programming to meet the life-long learning needs of lawyers and
other professionals who need legal information. Osgoode Hall Law School is one of
the world’s pre-eminent law schools. Osgoode Professional Development embodies the
law school’s commitment to meeting the educational needs of the broader community
and has offered many continuing legal education programs for health care, law
enforcement, procurement and other professionals.
Register online today at www.osgoodepd.ca
PROGRAM DIRECTOR
Geza R. Banfai
is Counsel with
the Toronto office
of McMillan LLP,
practicing exclusively
construction/
infrastructure law.
He is certified by
the Law Society of
Upper Canada as a
Specialist in Construction Law, is a Fellow
of the Canadian College of Construction
Lawyers, and is listed in Chambers Global,
Construction – Canada, The Leading 500
Lawyers in Canada (Lexpert/American
Lawyer), Best Lawyers in Canada
(Woodward/White), International Who’s
Who of Professionals, Who’s Who Legal,
Canada and International Who’s Who
of Public Procurement Lawyers. In his
extensive construction law practice, he has
represented participants at every level of
the construction pyramid, from negotiating
and drafting construction and related
contracts (including alliancing and joint
venture agreements, and P3 and similar
lender-driven arrangements) to claims and
disputes of many kinds. He is a director of
the Canadian Construction Association, and
his past directorships include Consulting
Engineers of Ontario and Toronto
Construction Association. In addition, he is
a member of the Construction Law and ADR
Sections of the Ontario Bar Association, the
Forum on the Construction Industry of the
American Bar Association and the Society
of Construction Law. He remains active
on the Construction Industry Leaders
Forum of the CCA, and sits as the ex-officio
legal representative on the Canadian
Construction Documents Committee and
Chair of CCDC’s IPD Task Force. He is a
member of the Editorial Advisory Board
of the Daily Commercial News (Reed
Construction Data), and continues to write
and lecture extensively on various issues
involving the industry.
“Stellar speakers and subject matter cohesion.” Saad Minhas
Contracts and Commercial Specialist, Lakeland Consulting Inc.
THE OSGOODE CERTIFICATE IN CONSTRUCTION LAW
FALL 2014 REGISTRATION
Name:
Title:
Firm/Company:
Practice Area:
Address:
City:
Province:
Postal Code:
Fax:
Priority Service Code:
Email:
Telephone:
Please add me to your mailing list.
Please delete me from your mailing list.
If you do not wish to be contacted by e-mail, indicate here.
1 4
3 0
F T
Osgoode Professional Development has been approved as an
Accredited Provider of Professionalism Content by The Law
Society of Upper Canada.
Fee Per Delegate
CPD Credits LSUC (ON) CPD:
$3595 plus 13% HST for a total of $4062.35.
Day 1: 7.75 CPD hours (7.0 Substantive, 0.75 Professionalism)
Fees include attendance, program materials, continental breakfast, lunch
and refreshments for each of the 5 days of the program. The price does not
include accommodations. Please inquire about group discounts and financial
assistance. Dress is business casual.
Day 2: 7.5 CPD hours (7.25 Substantive, 0.25 Professionalism)
Day 3: 7.5 CPD hours (6.25 Substantive, 1.25 Professionalism)
Day 4: 7.5 CPD hours (7.25 Substantive, 0.25 Professionalism)
Payment Options — Payment must be made prior to the program
Day 5: 7.5 CPD hours (7.0 Substantive, 0.5 Professionalism)
Cheque enclosed (payable to York University — GST# R119306736)
Bill my credit card: VISA Mastercard
Quebec/BC/Manitoba/New Brunswick/NWT/Nunavut/PEI/Yukon
and Saskatchewan: eligible for 35.25 CPD/MCLE credit hours towards
professional development requirements; NSBS CPD: eligible for 37.5
credit hours; NY CLE Board (on-site participants only): eligible for
42.0 credit hours in the Area of Professional Practice for transitional
and non-transitional lawyers. Also eligible for CLE/Insurance Premium
Credits Program offered by the Law Society of PEI and for Alberta CPD
credit with the Law Society of Alberta. Questions? E-mail:
cpd@osgoode.yorku.ca or refer to the program website.
Card#
Expiry:
Signature:
Payment Amount:
Cancellations/Rainchecks/Substitutions
If you are unable to attend the program your organization may name a
replacement. A full refund will be issued for cancellations received a minimum
of 21 days before the program start date. Written cancellations received after
November 3, 2014 will include an administration charge of $700. No refunds will
be issued after the program commences. Non-attendance or withrawal after the
program start date will incur a full program fee. Payment must be received by
November 17, 2014.
Program Changes
We will make every effort to present the certificate program as advertised, but
it may be necessary to change the dates, location, speakers or content with
little or no notice. In the event of program cancellation, York University and
Osgoode Hall Law School’s liability is limited to reimbursement of paid fees.
Location
Osgoode Professional Development, Downtown Toronto Conference Centre
1 Dundas St. W., 26th Floor, Toronto, ON, M5G 1Z3
Public CLE Seminars
Customized CLE Programs
4 Convenient Ways to Register
1.
MAIL your registration form to:
Osgoode Professional Development
Downtown Toronto Conference Centre
1 Dundas St. W., 26th Floor
Toronto, ON M5G 1Z3
2. ONLINE at www.osgoodepd.ca
3. FAX your registration to 416.597.9736
4. CALL US at 416.597.9724 or 1.888.923.3394
This program has been accredited by CCA’s Gold
Seal Certification program for 6 Special Industry
Course credits.
For Further Program–Related Information
Please contact: Mira Ortved, Program Lawyer, at 416.673.4673 or
email mortved@osgoode.yorku.ca
Certificate of Program Completion
You will receive a certificate upon completion of The Osgoode
Certificate in Construction Law. Participants must attend all
program modules and successfully complete the take-home
assignment to receive a certificate.
Skills Training & Certification
ITAW
Professional LLM