Program Chairs

Geza Banfai

Counsel, McMillan LLP

Annik Forristal

Partner, McMillan LLP

Jennifer Roberts

Counsel, Gibbs & Associates

Do you know your risks and how to manage them?

Design projects require a practical legal risk management mindset.

Design contracts are increasingly complex and the risk profile for design professionals is escalating. Design professionals are exposed to multiple, often substantial, risks in any given project including scope creep, vague terms, escalating responsibilities, delays, damages, negligence claims, insurance challenges, and other liabilities which can result in steep costs, onerous efforts, and significant reputational damage. It is imperative you have the skills you need to protect your projects, business, and your professional reputation.

Practical. Relevant. Developed exclusively for professionals working with design projects – and their advisors – this intensive and solutions-focused program will equip you with a repertoire of skills to better assess and mitigate legal risks. Delivered by some of Canada’s leading legal and industry experts, you will get practical risk management strategies and tools that you can put to immediate use on your next design project.

Please note that this is a replay of our live program, originally recorded December 2020. 

Can’t Make the Date? Registration includes 120-day unlimited, online access to the recorded program.

What You’ll Learn

Choose to attend both program modules to gain a full suite of practical legal knowledge and risk management skills OR take one module to enhance your desired skillset.

Module 1

How to develop a legal risk management mindset to identify and allocate key risks

Contract law fundamentals for working professionals – includes how to “really read” a contract, what to watch out for, understanding contract flow/organization

Essential contractual clauses and why they matter – standard of care, indemnities, warranties and liquidated damages, and scope

Design contract fundamentals – includes standard and non-standard design services contracts, their strengths and weaknesses, and how to effectively use standard form contracts including RAIC Document Six, OAA 600, OAA 601, ACEC Document 31 and BIM Contract Appendix, IBC 100-2014

Strategies for navigating various project delivery methods used in design projects

Methods for managing common areas of liability exposure – sub-consultant risk, BIM risks and the altered risk profile in Design-Build, P3s and AFPs

Module 2

Real-world negotiating techniques for a design services contract

How to identify, mitigate and respond to troublesome terms in a design services contract

Tactics for navigating uncertainty, change and legal reforms, including:

  • Navigating the complexities of liens and holdbacks
  • Interplay of prompt payment and adjudication, with CCDC documents
  • How to evaluate various remedies
  • The unique role and challenges of the consultant

Tools for building resiliency during times of uncertainty, including:

  • Lessons learned and innovations arising from the pandemic
  • Evaluating and prioritizing competing impacts
  • What keeps expert up at night and what they’re doing about it
  • Expert insights, tools and tips on what they “wish they knew 20 years ago”

Who Should Attend

Architects

Engineers

Technologists

Project managers

Contract administrators and professionals

Risk professionals

Construction Lawyers and in-house counsel

Insurance professionals

Business/finance executives in design/construction

Faculty

Program Chairs

Geza Banfai

Counsel, McMillan LLP

Annik Forristal

Partner, McMillan LLP

Jennifer Roberts

Counsel, Gibbs & Associates

Instructors

Sandra Astolfo

Partner, WeirFoulds LLP

Geza Banfai

Counsel, McMillan LLP

Eric Charleston

Partner, Borden Ladner Gervais LLP

Annik Forristal

Partner, McMillan LLP

Mark Frederick

Partner, Miller Thomson LLP

John Gamble, CET, PEng

President & CEO, Association of Consulting Engineering Companies of Canada (ACEC)

Allen Humphries

Practice Advisory Services, Ontario Association of Architects (OAA)

Kathleen Kurtin

President, Ontario Association of Architects (OAA)

Kathryn Lack

Assistant General Counsel, CRH Canada Group Inc.

Andrea Lee

Partner, Glaholt Bowles LLP

Janna Levitt, BA, BArch, OAA, FRAIC

Partner & Co-Founder, LGA Architectural Partners

Jason Lewis

Senior Legal Counsel, Legal Affairs & Risk Management Team, WSP Canada Inc.

Catherine MacInnis

Associate General Counsel, IBI Group

Bruce Palmer

President and CEO, PRODEMNITY Insurance Company

Jason Robbins, MAA, MRAIC, Intl Assoc AIA, RIBA, Member CITT,

President-Elect, Royal Architectural Institute of Canada (RAIC), and Principal Architect, JC Robbins Architecture

Jennifer Roberts

Counsel, Gibbs & Associates

Allen Tanagho, PEng, PMP

Technical Director, Mosaic Transit Constructors

Lena Wang

Partner, Glaholt Bowles LLP

David Zurawel

Director, Government & Stakeholder Relations, Association of Consulting Engineering Companies Ontario (ACEC-ON)

Agenda

Module One: Foundations in Contracts & Practical Risk Management for Design Professionals

Chairs’ Welcome & Opening Remarks (9:00 a.m. ET)

Chairs’ Welcome & Opening Remarks (9:00 a.m. ET)

Register

Apr 29-30, 2024

$895 + HST

Time

Apr 29-30, 2024
9:00 p.m – 4:00 p.m (ET)

Printable registration form

If a downloadable form is required, please contact OsgoodePD@osgoode.yorku.ca.

“Is financial assistance or funding 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:

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.

CPD Hours
Format
Contact us for inquiries about other provinces.
Substantive 12h
Total12h

Are you reporting hours from a previous date?

View our CPD & Accreditation page to see previously calculated hours for this course.

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Frequently Asked Questions

Client and Technical Support

Have questions? Get advice in person, by email or over the phone.

Program content questions

Stephen Ahad, Program Lawyer
SAhad@osgoode.yorku.ca

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