Construction Law

Conventional Project Delivery Models: The “Big Five”
Building on content covered in the primers Understanding Indigenous Rights, Communities and Stewardship in Construction and Overview of Green Construction and Sustainability, your Program Directors will kick off the program with a practical overview of the evolution of the Canadian construction industry and set the stage for you to maximize your experience in the program.

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.

Public‑Private Partnerships (P3) and Progressive Design-Build Models
Gain essential guidance on P3s and the evolving forms of alternative and progressive design‑build arrangements used in Canada, including details of various transaction structures and the different risks, opportunities and strategic principles that distinguish each one from traditional delivery models.

Integrated Project Delivery (IPD) and Alliance Contracts
Faculty will review the core 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.

Practical Guide to Navigating the Construction Contract
Building on the Key Terms in Construction Contracts primer, 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, and what to do if the contract seems to be against you.

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.

Understanding Indigenous Rights, Perspectives and Stewardship
Faculty will provide an overview of Indigenous rights, perspectives and stewardship priorities to improve your ability to think through the various impacts of development/construction projects on traditional territories, and the critical importance of clear consultation and meaningful engagement/partnerships with Indigenous communities.

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).

Advanced Issues in Procurement
Building on concepts in the Bidding and Tendering Foundations primer, you will delve into a 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.

Expert Panel: Key Construction Liens and Prompt Payment Developments
Building on the Overview of Construction Liens and Overview of Prompt Payment and Adjudication Regimes primers, a panel of national experts will take you through important case law updates and other developments driving where things are at. You’ll review best practices for navigating pressing risks and emerging challenges, as well as practical information and risk management strategies for dealing with priority issues and complex challenges such as set‑offs, correcting errors, trust claims, public land/works and intersections with other remedies/regimes.

Construction Claims: Legal Issues and Technical Issues
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.

Construction Insurance
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
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
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
The following topics will be presented in a series of concurrent regional sessions covering core concepts and principles and highlighting some important considerations for projects in Eastern or Western Canada. You will be able to attend the live regional session of your choice and you will also receive access to all of the regional sessions in the recorded program archive.

Environmental Law
Impacting all project stages, you will learn about key environmental legal issues and 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
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
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
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 Negotiation Workshop: “Saving the Troubled Project”*
During this innovative small‑group activity, 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).

Law, Technology and Construction
Learn about key technology influencing the engineering and construction industry, why it matters and what you need to watch out for. Session includes a summary of key technologies, the legal considerations and impacts arising from using them and strategies to address the use of technology within your project agreements.

The program now features five succinct, on demand classes covering foundational concepts and principles to help establish a knowledge foundation before attending class. Primers are mandatory/must be viewed and the content will not be covered during class. It is strongly recommended to view all primers prior to attending the program.

To obtain your certificate, all five (5) primers must be viewed:

• Key Terms in Construction Contracts (73m, recorded in 2024)
• Bidding and Tendering Foundations (68m, recorded in 2024)
• Overview of Construction Liens (29m, recorded in 2024)
• Overview of Prompt Payment and Adjudication Regimes (87m, recorded in 2024)
• Overview of Green Construction and Sustainability (34m, recorded in 2024)

NOTE: Understanding Indigenous Rights, Communities and Stewardship – this topic will now be covered during Day 2 of the live program on November 1, 2024 (and so it will not be offered as a primer).