Contract Management for Construction and Infrastructure Projects
Program Chairs
Andrew Wong
Osler Hoskin & Harcourt LLP
Nick Boutselis
Global Compliance, Strategy & Construction, BMO
Eligible for:
Signing the contract is not the end, it’s the beginning.
Once you or your organization have entered into a contract and put the management building blocks in place, you need to ensure that you are properly equipped to manage its implementation and handle all of the problems that may come up during its lifecycle.
In this Osgoode certificate program, you will gain valuable insights from legal and contract management experts about assessing and managing risk, and tips for minimizing risk and maximizing performance. You will gain substantive knowledge and the practical skills needed to execute an efficient, and cost-effective contract management process.
This intensive, five-day certificate, will give you the tips and strategies you need to address some of the most challenging and complex situations that can negatively impact your contract management process.
What You’ll Learn
Identifying potential risks and how to control them in maximally cost-effective ways
Recognizing all of the pre-contract considerations that affect contract management – what you need to look out for
Evaluating contract performance
Handling changes to contract including amendments and changes in circumstances
Monitoring implementation of the contract and remedy performance issues
Ensuring everyone is on the same page: Alignment and governance of the internal legal, commercial, procurement, technical and administration teams
There will be ample opportunity for discussion of practical issues with colleagues and program faculty.
Eric Menezes
Project Manager, City of Vaughan (2021 Online Participant)
“The program was extremely useful with a lot of very relevant data provided. Downloadable material will be very handy for future reference.”
CIO & SVP, Digital & Data Engineering, EllisDon Group of Companies
Michael Marano
Sourcing Director, JLL
Chris Moran
General Counsel, Maple Reinders Group Ltd.
Niguel A.D. Mousseau
Senior Counsel, Aecon Group Inc.
Jillian Newsome
Vice President, P1 Consulting Inc.
Adam Peacey
Global Initiatives PMO Head, Corporate Real Estate, BMO Financial Group
Amee Sandhu
Founder and Principal Lawyer, Lex Integra Professional Corporation
Rocco Sebastiano
Osler Hoskin & Harcourt LLP
Rachel Stack
Department ManagerStrategic Commercial Negotiations Bruce Power
Dr. Melanie Stevenson
Professional Writing Consultant
Lauren Tomasich
Osler Hoskin & Harcourt LLP
Walter Wallace
Head, Global Real Estate Operations, BMO
Andrew Wong
Osler Hoskin & Harcourt LLP
Program Modules
An overview of key issues affecting contract management from the earliest stages:
Risk Management
Pre-contractual identification of risk in the design, construction and operation/ maintenance of the project
Making efficient use of a Risk Register to quantify risk and properly allocate risk to the appropriate project participant
Understanding how risk allocation choices impact price, time, quality and control
Recognizing how the allocation of risk should be reflected in how the contract is drafted
Project Delivery System and Contract
Types of project delivery systems
Ensuring the project delivery system and contract are consistent with the allocation of risk
The various standard form contracts for use with each project delivery system
Owner-prepared forms of contract
Recognizing the different roles of the participants depending on the terms and conditions of the contract
Procurement
RFP versus Call for Tenders
Owner and contract obligations
The Contract
Comprehensive review of the key legal and commercial provisions:
Contract price and time
Scope of work
Incentives
Self-help remedies
Security
Insurance
Delays
Unknown conditions
Indemnity
Dispute resolution
Termination rights
Limit of liability
A closer look at some of the most problematic areas of contract administration and management:
Changes in the work
Payment certification
Reports dealing with cost
Schedule and performance
Claims
Procedure for testing and commissioning
Certification of substantial performance and total completion including contract close-out
Contract governance
Master service agreements and purchase orders
Nuts & Bolts – RFP Evaluation Process
How to effectively evaluate proposals
Owner obligations arising from procurements
Internal procurement policy
Bid prices exceed budget – what can the owner do?
Negotiation and Communication – Strategies and Best Practices
Commercial contract strategy
Relationship building and management
Identifying all legal, commercial and
technical issues
Internal risk review process and senior management approval, and signing of contract
Contract Kick-Off Meeting
Introductions
Documents submitted by Contractor prior to the start of work
Overview of forms and the process for contract management and administration
Master Service Agreements
Use of a master service agreement: why?
Key considerations for negotiation and use of a master service agreement
Performance and Contract Management
Key tools and considerations
Insurance
Types of insurance and how they can benefit your process in unexpected ways. Types of insurance to be discussed include:
– Liability
– Property
– Auto
– Professional liability
– Equipment
– Pollution (when and where)
– Sub-guard (form of subcontractor insurance)
– Intellectual property
– Business loss, start-up insurance
Contractor versus owner insurance
Contract Governance and Client Management
Oversight of the contract and performance of the work
Matters to be considered and dealt with by the committees
Reports submitted to the committees
Overall client management discussions
Changes in the Work
Handlings requests for change order:
– Delays
– Unknown conditions and other changes in the work
Reviewing the change order process:
– Change order vs. change directive
– Compensation and mark-up
Tests and Commissioning/Quality Control and Assurance
Inspections – tests, mechanical completion and commissioning
Reports and certificates
Claims, Settlement Negotiations and Adjudication
Strategies for how to manage and negotiate claims including how to determine any available remedies
Limitation periods
Notice of Claim: notice period and content
The use of dispute resolution: negotiation, mediation, arbitration and the court
Commercial Commitment and Costs Management
Recognizing the importance of the commercial commitment process and how to avoid an over budget scenario at the tail end of your projects.
Substantial Performance, Total Completion, Scorecards and Post Completion
Substantial performance, “supporting” documents and deficiency holdbacks
Total completion – certification and close-out documents
Post-completion – warranty items
Writing for Results
The essentials in report writing for contract managers
By the morning of Day 5, you’ll be ready to go through a series of contracts in order to address the most effective strategies for administrating each one.
You will hear from both Program Directors as they guide you through common, unexpected, and highly complex issues to equip you with the knowledge you need to handle each type.
Newly licensed professionals within the past 2 years receive 50% off the regular program fee
Time
Apr 25-29, 2022 9:00 a.m – 4:30 p.m (ET)
Substitution of registrants is permitted at any time. If you are unable to find a substitute, a full refund is available if a cancellation request is received in writing 21 days prior to the program date. If a cancellation request is made with less than 21 days notice, a $150.00 administration fee will apply. No other refund is available.
As law evolves, we know how important it is to stay up to date. We also understand the financial implications of continuously upgrading your professional skills and knowledge. For more information on available options, including Job Grants, OSAP, please visit:
“This was exactly what I was hoping for. Multiple topics taught by a range of experts all of which I have found informative and applicable to my job.”
Certificate Requirements
To receive an Osgoode Certificate, you must complete all program modules, and successfully complete an online assessment within 30 days of the last module.
CPD and Accreditation
OsgoodePD is an accredited provider with the LSO, the Law Society of BC and NY CLE Board. Select your location to view the eligible hours you may claim.
All online; combination of live and asynchronous learning.
Feb 3, 10, 16, 24 & Mar 3, 2023
Online (Live)
Learn with peers in real-time online environment.
5 Modules
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Deeper Learning Opportunities
LLMs
Are you a law graduate or an executive/senior professional with at least 5 years of specialized experience? Consider a full-time or part-time LLM degree.
Do you have an LLB/JD? Consider taking a single LLM course for deeper learning in a specific area of practice – all credits will apply towards a Professional LLM.
If the program includes access to the recording, you will have unlimited online access to the recorded content for 120-days from the end date of the program.
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Many of our programs include 120-day unlimited, online access to view the recorded program. See program page or brochure to find out if the program you’re interested in includes this access. If you need more time to view the content, or have questions about the access, please email: OPDSupport@osgoode.yorku.ca.
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A selection of our Certificates are eligible for OSAP funding.
Please note the following exceptions that may affect OSAP funding eligibility for our certificates:
Students receiving Second Career funding for a micro-credential during their study period are ineligible;
Although grants will not be converted to loans, a grant may become repayable if a student withdraws, is determined to be overpaid in grant funding, or income cannot be verified within one year;
A student cannot receive OSAP for micro-credential assistance for their study period if it overlaps with another micro-credential study period in which they are concurrently receiving OSAP for micro-credential funding. However, students may overlap their micro-credential study period with a study period that is part of a different full- or part-time program that they are concurrently receiving funding for through Full-Time OSAP or Part-Time OSAP, provided that OSAP funding was not assessed for the micro-credential course(s) through a Full-Time or Part-Time OSAP application.
Job Grants
The Canada-Ontario Job grant may be applicable to employers seeking to train their staff. To find out if your organization is eligible for the grant and the program you wish to enrol in qualifies, visit: The MTCU Canada-Ontario Job Grant page
CPD hours for each program can be found on the program web page and program brochure. For questions regarding CPD hours, please email cpd@osgoode.yorku.ca
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Yes. We do offer group rates on our programs. Please visit our group rate page for more information. Some exceptions apply, and rates are subject to change.
Once a program reaches capacity, a wait list will be created. This does not guarantee your registration, however it places you on the priority list. If any spot opens, you will be notified via email or phone.
If you are not able to formally register in the program, you will be able to register for the next offering before registration formally opens.
Our Continuing Legal Education (CLE) programs, ranging from one-hour briefings to more intensive certificate programs, are for all professionals. There are no general prerequisites for these programs; however, individual programs often have specific requirements to register. These are noted on individual program pages and .pdf brochures.