The Osgoode Certificate in Construction Law

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1 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, Days Toronto, Canada Fulfill your full annual CPD requirement. See reverse for details.

2 Why You Should Attend Program Details 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. Dates Day 1 Project Delivery and the Construction Contract November 24, 2014 Day 2 Design Professionals, Owners and P3s November 25, 2014 Day 3 Claims, Bidding & Tendering November 26, 2014 Day 4 Claims Issues, Liens and the OHSA November 27, 2014 Day 5 Arbitration, Mediation, Construction Insurance and Surety Bonding November 28, 2014 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. Kristina Gardonio Manager, Contract Claims, Facca Inc. The program will be held at Osgoode Professional Development s Downtown Toronto Conference Centre. In this unique, intensive, fi ve-day certifi cate 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. What You Will Learn On completion of this program, you will understand: The various project delivery models, and when to use them 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 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 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 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

3 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. Advanced Issues in Construction Contracts 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. The Canadian Construction Industry Serge Massicotte, Chair, Canadian Construction Association D. Robert Beaumont, Osler Hoskin & Harcourt LLP Franklin Holtforster, President and CEO, MHPM Project Managers Inc. Ian J. Houston, Borden Ladner Gervais LLP 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, 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. The Role of Infrastructure Ontario in Infrastructure Development Marni Dicker, Executive Vice President, General Counsel and Corporate Secretary, Infrastructure Ontario Geza R. Banfai, McMillan LLP P. John Brunner, Brunner and Lundy, Barristers and Solicitors Dražen F. Bulat, Miller Thomson LLP Timothy John Murphy, McMillan LLP DAY 3 Claims, Bidding & Tendering November 26, 2014, 8:55 a.m. 5:00 p.m. Bidding and Tendering: Basic Principles 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 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

4 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. Current Challenges Facing the Construction Industry Clive Thurston, President, Ontario General Contractors Association 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 DAY 5 November 28, 2014, 8:55 a.m. 5:00 p.m. Arbitration, Mediation, Construction Insurance and Surety Bonding Arbitrating the Construction Dispute 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 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 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. Integrated Project Delivery Art Winslow, Graham Construction and Engineering 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 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. Surety Bonding 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. A View From the Bench The Hon. Justice Andromache Karakatsanis, Supreme Court of Canada 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. Register online today at

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.

Brindle, QC, Singleton Urquhart LLP P. John Brunner, Brunner and Lundy Barristers and Solicitors Dražen F.

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.

5 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 Geza R. Banfai, McMillan LLP D. Robert Beaumont, Osler, Hoskin & Harcourt LLP Roger Bridges, Knowles Consultancy Services Inc. Derek A. Brindle, QC, Singleton Urquhart LLP P. John Brunner, Brunner and Lundy Barristers and Solicitors 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 Helmut K. Johannsen, Fasken Martineau DuMoulin LLP The Hon. Justice Andromache Karakatsanis, Supreme Court of Canada Serge Massicotte, Chair, Canadian Construction Association W. Andrew McLauchlin, McLauchlin & Associates Stephen Morrison, Cassels Brock & Blackwell LLP Timothy John Murphy, McMillan 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. PROGRAM DIRECTOR Geza R. Banfai is Counsel with the Toronto offi ce of McMillan LLP, practicing exclusively construction/ infrastructure law. He is certifi ed 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-offi cio 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. Register online today at

THE OSGOODE CERTIFICATE IN CONSTRUCTION LAW FALL 2014 REGISTRATION Stellar speakers and subject matter cohesion. Saad Minhas Contracts and Commercial Specialist, Lakeland Consulting Inc.

6 THE OSGOODE CERTIFICATE IN CONSTRUCTION LAW FALL 2014 REGISTRATION Stellar speakers and subject matter cohesion. Saad Minhas Contracts and Commercial Specialist, Lakeland Consulting Inc. Name: Firm/Company: Title: Practice Area: Address: City: Province: Postal Code: Telephone: Fax: Priority Service Code: F T Please add me to your mailing list. Please delete me from your mailing list. If you do not wish to be contacted by , indicate here. Fee Per Delegate $3595 plus 13% HST for a total of $ 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 fi nancial assistance. Dress is business casual. Payment Options Payment must be made prior to the program Cheque enclosed (payable to York University GST# R ) Bill my credit card: VISA Mastercard 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, Program Changes We will make every effort to present the certifi cate 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 CPD Credits Osgoode Professional Development has been approved as an Accredited Provider of Professionalism Content by The Law Society of Upper Canada. LSUC (ON) CPD: Day 1: 7.75 CPD hours (7.0 Substantive, 0.75 Professionalism) 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) Day 5: 7.5 CPD hours (7.0 Substantive, 0.5 Professionalism) Quebec/BC/Manitoba/New Brunswick/NWT/Nunavut/PEI/Yukon and Saskatchewan: eligible for 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? cpd@osgoode.yorku.ca or refer to the program website. 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 or 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. Public CLE Seminars Customized CLE Programs Skills Training & Certifi cation ITAW Professional LLM 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 3. FAX your registration to CALL US at or

Can you confidently manage legal risk on construction projects?

THE OSGOODE CERTIFICATE IN CONSTRUCTION LAW November 27-December 1, 2017 5 consecutive days In Person Can you confidently manage legal risk on construction projects? An expert faculty of over 20 senior