Construction Law

This mandatory, practical module offers a series of eight (8) focused virtual classes covering foundational concepts and principles. It will be available to complete on demand (at your own pace) and it requires passing a short quiz (pass is 80% – correctly answer 8 of 10 multiple-choice questions). It is strongly recommended to view select virtual classes before attending the first three program modules as content will not be repeated.

Virtual classes for Module 1
Understanding Indigenous Rights for Construction (47m, 2025)
Overview of Green Construction and Sustainability (34m, 2024)
Overview of Public-Private Partnerships (72m, 2025)

Virtual classes for Module 2
Key Terms in Construction Contracts (73m, 2024)
Overview of Technology and the Law for Construction (58m, 2025)

Virtual classes for Module 3
Bidding and Tendering Foundations (68m, 2024)
Overview of Construction Liens (29m, 2024)
Overview of Prompt Payment and Adjudication (87m, 2024)

Virtual classes for Module 1 (pre-work)
Understanding Indigenous Rights for Construction (47m, 2025)
Overview of Green Construction and Sustainability (34m, 2024)
Overview of Public-Private Partnerships (72m, 2025)

Canadian Construction Landscape: Where Are We Now?
Building on the content covered in the pre-work virtual classes for this module, your Program Directors will provide an overview of the evolution of the Canadian construction industry, the current landscape and state of the industry, and set the stage for you to maximize your experience in the program.

Conventional Project Delivery Models: The “Big Five”
You will then engage in a detailed and practical analysis of the conventional project delivery and contracting “Big Five” models in common use in Canada. Discussion will include risk profile considerations and other determinants favouring each method in particular circumstances. Includes: Design-Bid-Build, Design-Build, Construction Management and EPC and EPCM models.

Progressive Design-Build
You will learn about the origin, anatomy and mechanics of the progressive design-build delivery model and the problem it seeks to address. You will explore some of its benefits and challenges, including key principles of risk and responsibility allocation, and get practical guidance and tips for owners, design-builders and consultants.

Integrated Project Delivery (IPD) and Alliance Contracts
Faculty will review the features, compensation structures, roles and duties of key participants in these ‘collaborative’ models including the common issues, misperceptions and differences, risk considerations and other determinants favouring each method in particular circumstances.

Virtual classes for Module 2 (pre-work)
Key Terms in Construction Contracts (73m, 2024)
Overview of Technology and the Law for Construction (58m, 2025)

Practical Guide to Navigating the Construction Contract
Building on foundations provided in the pre-work virtual classes for this module, you will learn about navigating your construction contract as a “rule book,” including key directional points and pivots with expert insights, practical advice and risk management tools to avoid unexpected risk transfer, disputes and claims. This extended session includes drafting tips, sample clauses and best practices.

Lean Construction
Faculty will review the Lean construction method, its origins and adoption in the industry, key principles, challenges, how it differs from other methods, and the types of projects where it can be applied.

Interactive Mini Workshop: Project Delivery Models*
This day will conclude with an engaging “choose your model,” small group activity where you will take part in working through the considerations that must be evaluated and balanced in choosing the right project delivery model for your contract. Expert facilitators will provide real time guidance and personalized feedback to enhance your experience, and lead a group debrief and discussion, and share their tips on “avoiding project delivery killers.” *Note: breakout portions will not be recorded (live attendance not required).

Virtual classes for Module 3 (pre-work)
Bidding and Tendering Foundations (68m, 2024)
Overview of Construction Liens (29m, 2024)
Overview of Prompt Payment and Adjudication (87m, 2024)

Advanced Issues in Procurement
Building on concepts covered in the pre-work virtual classes for this module, you will delve into a more detailed discussion of key developments, issues and emerging risks and challenges involving the procurement/bidding and tendering system. You’ll review important legal cases and get practical strategies and tips for dealing with more complex elements under the tender process such as the evolution of the duty of fairness, privilege and discretion clauses, the correction of tender errors, conflicts, judicial review, and evolving rights and obligations.

Construction Claims: Legal Issues and Technical Issues
Building on concepts covered in the pre-work virtual classes for this module, in a two-part series focused on demystifying construction claims, you will gain a practical overview of legal issues contributing to common claims and challenges, including extras, entitlement, change of scope and notice. You’ll also learn important legal risk management and mitigation strategies when claims are unavoidable, along with considerations for key participants. You will next examine the technical side of claims, including common issues behind productivity, delay and impact claims, and with quantifying the loss, critical path analysis, disruption and limitations. You will gain expert tips and strategies for dealing with disruption, methods of delay analysis, claims mitigation and calculating damages.

Interactive Discussion: What Would You Do? Ask the Experts!
In this interactive discussion, you will consider and discuss various provocative scenarios, hot topics and developments driving emerging risks and trends in procurement law, and experts will share their insights, experiences and risk management strategies.

Construction Insurance: Top 5 
Learn about specialized insurance relevant to the construction process, including key principles and the different products available, risk assessment considerations, gaps and policy issues, common pitfalls and litigated exclusion, and insurance for differing project methods.

Surety Bonding: Top 5
Faculty will cover the essential role of the surety in the construction process, including key principles and cross‑country elements, main parties, typical bonds used, legal and practical aspects of asserting claims and defences, and crucial risk management tips in problematic situations.  

Insolvency and Restructuring: Top 5
Gain sightlines into the law, risk and key principles involving project insolvency, bankruptcy and restructuring. Learn practical strategies to deal with key risks, including: construction trusts, dealing with an insolvent party, containing risks and navigating dispute resolution proceedings. 

Concurrent Regional Sessions
Join the following concurrent sessions tailored to Eastern or Western Canada, each covering core principles and regional considerations. Choose your preferred live session and get on-demand access to all recordings.   

Environmental Law: Top 5
Impacting all project stages, you will learn about core environmental legal issues and practical tips for dealing with them, including Records of Site Condition, contamination, vapour intrusion, excess soil management, navigating regulatory involvement, and impacts on other project risk areas. 

Labour Law: Top 5
Review essential topics, tips and strategies to deal with unionization, bargaining rights and raids, considerations for owners, GCs and subs, common jobsite workplace issues and pitfalls, including getting bound; strikes, lockouts and picketing; employer associations; grievances and arbitration. 

Health and Safety: Top 5
Examine key health and safety principles and liabilities in construction and get key risk management tips, including responding to accidents and investigations; due diligence; distinguishing supervisory responsibility and avoiding or mitigating claims. 

How to Succeed in Dispute Resolution Processes
What does “failure” or “success” look like in dispute resolution? Review the essentials of mediation, arbitration, litigation and adjudication and the mechanics of settling a case. Limitations and evidentiary issues will be discussed, including “lessons learned” and tips to avoid common pitfalls.

The Decision Makers Speak! View from the Bench
Don’t miss this rare opportunity to hear from high-profile decision-makers who preside over construction disputes, including perspectives from a Judge, a Mediator, an Arbitrator and an Adjudicator. Discussion will include practical elements to enhance your dispute resolution efforts with distinctions based on the type of proceeding and their tips and “pet peeves” to help you remain on the “good side” of the decision-maker.

Interactive Workshop: Saving the Troubled Project*
During this innovative small-group workshop, working as owner or contractor, you’ll review some common contractual risk allocations and collaborate to determine approaches to move forward in the interests of the project. Expert facilitators will provide real-time guidance and feedback to enhance your experience and lead a group debrief and discussion, sharing alternative approaches, tips and strategies.
*Note: breakout portions will not be recorded (live attendance not required).

Final Reflections, Wrap-Up and Next Steps
Your Program Directors will share closing reflections, highlight key takeaways, and answer your questions live. You’ll also get a quick exam briefing (30 multiple-choice questions, unlimited attempts, with a passing score of 80%). You must complete all certificate requirements by December 5, 2025.

*Note: You’ll continue to have online access to the course until March 11, 2026.