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This seminar is also being held on the following dates and locations:
MississaugaOct 14 - 15, 2010
Foundations of Construction Law
Winnipeg, MB (Apr 12 - 13, 2010)
Course Code: 00-0436-2066
After Participating In This Course You Will Be Able To:
examine claims arising from construction
discover in detail the roles and obligations of contractor/consultant/owner
protect yourself in construction contracts
recognize special risk and liability issues
increase your knowledge of tendering on construction projects
find out the type of contract that best suits your needs

Description
Today’s competitive and complex construction industry requires careful consideration in the formation of the construction contract.  We all want the work, but are the contracts equitable? Are the specifications and timetable feasible? What is your liability exposure?

Properly prepared contractors, subcontractors, architects, engineers, and developers can avoid anticipated liability, reduce performance disputes and receive payment for work performed.  In this course you focus on practical solutions for today’s construction problems.   Relying on years of experience, the instructor will illustrate what you should look for in a contract, exposures to avoid, and ways to protect yourself should a dispute arise.

Actual case examples will be discussed explaining contract performance, how to resolve construction disputes, how to prepare for a litigation case, and the bidding process.

This course covers legal issues from the formation of the contract to the final payment, and is designed to assist construction professionals, and their lawyers in day‑to‑day business activities.

Objective
To give a broad overview of legal problems encountered by construction professionals in the industry.

Who Should Attend
Contractors, subcontractors, lawyers, architects, engineers, owners, developers, suppliers, lenders, liability insurers and brokers.  This course is also recommended for lawyers who want to develop expertise in the field of Construction Contract Law.  This course is of interest to municipal, provincial, and federal agencies that engage contractors for public contracts.

Faculty:  Michael MacKay, Barrister & Solicitor

Program Outline

Day I

Welcome, Introduction, Workshop Preview, Learning Outcomes and the Assessment Methods

The Canadian Legal System
• Where does the law come from?
   - The government - statutes and regulations
   - The common law: history, Stare decisis and precedent
• Branches of the law
   - Contract law
   - Tort law
   - Administrative law
• Procedure in lawsuits

 

Basic Contract Law
• Basic principles
• What is a contract?
• Enforceability
  - Consideration
  - Offer and acceptance
  - Written versus oral contracts
• Principals of interpretation
  - Ordinary meaning
  - Whole contract
  - Contra proferentum
  - Implied terms
• Damages
  - Calculation of damages
  - Duty to mitigate

Types of Construction Contracts
• Fixed price
• Cost plus
• Unit price
• Construction management
• Design/Build

Construction Bidding and Tendering - Legal and Practical Dos and Don’ts
• The tendering process
• The contractor’s obligations to the owner: the Ron Engineering revolution
• Obligations of the owner to contractors: M.J.B. Enterprises, Martel Building and Double N Earth Movers
• Tercon v British Columbia- the latest Supreme Court of Canada case
·  Rights and obligations between contractors and subcontractors

 Construction Claims Overview
• How the courts deal with construction claims
- Allocation of risk
-Exclusion and limitation of liability
-Limitation periods
-Warranties
-Notice requirements
-Alternative dispute resolution

Changes and Extras
• Payment provisions
• Scope of work
• Changes clauses: waiver
• Extras

Day II

Hidden Risks
• Concealed or unknown conditions
• Toxic or hazardous substances

Time is of the Essence
-Delay claims
-Liquidated damages

Liens - One Of Your Risks On Construction Projects
• Rights under the Construction Lien Act
• Obligations of owners: holdback
• Procedure in Lien Actions

Bonds - What Risks Do They Cover and To What Extent
• The parties - principal, surety, and obligee
   - The business of bonding
   - Bonding versus insurance
• Types of bonds
  - Bid bonds
  - Performance bonds
  - Labour and material payment bonds

Construction Torts
• Insurance
  - Construction Torts
  - Contractor’s obligations to the owner/purchaser: Winnipeg Condominium Corporation v. Bird Construction
• Consultant’s Obligations to the Contractor: Edgeworth v. N.D. Lea
• The risk of personal liability

 Architects and Engineers
• Obligations to the owner
• Liability to the contractor
• Role in the bidding process
• Role in contract interpretation and dispute resolution
• Payment certification

Taking Care of your People
• Occupational health and safety
• Worker’s compensation
• Employment law: union, non-union

Questions and Answers and Feedback to Participants on Achievement of Learning Outcomes

There will be a one-hour lunch break each day in addition to a refreshment and networking break during each morning and afternoon session.

Daily Schedule:
8:00         Registration and Coffee (Day I only)
8:30         Session begins
12:00       Lunch
4:30         Adjournment

 



1.2 CEU / 12 PDH

Faculty

Michael MacKay
Michael MacKay has been practicing law in Toronto for over 20 years, the last 18 almost exclusively in the field of construction law, and the last 13 at his own firm.  He was a member of the Ontario Bar Association’s Construction Law Section’s Executive Committee from 1993 to 2009, and for most of that time co-edited its newsletter “Nuts & Bolts”.  He is a contributing editior to the Construction Law Letter, where his articles regularly appear. For the last 13 years, he has travelled across Canada to talk on construction law topics – including a complete construction law course for EPIC.

The fee for this course is $1,195 + GST. If you register after March 12, 2010 the fee increases to $1,365 + GST.

Venue Information

Holiday Inn Airport West
2520 Portage Avenue
Winnipeg, MB R3J 3T6
(204) 833-2400

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Similar seminars being held on the following dates and locations:
Interpretation and Enforcement of Construction ContractsCalgarySep 27 - 29, 2010
Using Standard Form Contracts for Construction and Design ServicesHalifaxOct 4 - 5, 2010
Bidding, Evaluation, Negotiation and Contract Award - For Construction ProjectsWinnipegOct 4 - 5, 2010
Construction Liens: How to Avoid the Perils and Minimize the RiskMississaugaNov 1, 2010
Using Standard Form Contracts for Construction and Design ServicesMississaugaNov 2 - 3, 2010
Cost Engineering - Effective Estimating and Cost Control of Construction ProjectsCalgaryNov 29 - 30, 2010
Tendering – Do's and Don’ts to Promote Best PracticesOttawaDec 13, 2010

On-Site Program
EPIC programs can also be delivered on-site at your premises. For more information on our on-site program, please contact Tim Chugh at 1-888-374-2338 ext. 242 or by email at tchugh@epic-edu.com.

Group Discounts, Cancellations And Withdrawals
Registration covers all program materials, refreshments during breaks and lunch but excludes accommodation. For organizations sending more than one participant, the following discounts to the course fee apply: 10% discount to the second, 15% to the third, 20% to the fourth and 25% to the fifth and subsequent registrations.

To withdraw from a course, you must send your request in writing with the official receipt to our office:
     • Fifteen or more business days in advance: full refund less $50.00 administration charge.
     • Five to fourteen business days in advance: non-refundable credit of equal value for any future EPIC seminar within one year.
       Credits are transferable within your organization.

In case of an unexpected event occurring after this time, you may send someone else to take your place without any additional cost. If a speaker is not available due to unforeseen circumstances, another speaker of equal ability will be substituted. EPIC reserves the right to cancel or change the date or location of its events. EPIC's responsibility will, under no circumstances, exceed the amount of the fee collected. EPIC is not responsible for the purchase of non-refundable travel arrangements or accommodation or any associated cancellation/ change fees. To avoid any fees or charges, please call to confirm that the course is running before confirming travel arrangements and accommodations.
 
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