Managing Delay and Impact Claims in Construction for 2027

Included with your registration, these on demand classes cover foundational concepts and they are suited to those who are newer to the area or those who may benefit from a succinct refresher. We recommend viewing all three online modules before attending the program or workshop.

Module One – The Legal Context and Key Principles Surrounding Delay Claims

(52 mins, on demand, recorded in 2021)

Get a practical overview of the legal context and key principles that you need to know when dealing with delay claims to enhance your working knowledge.

Jason Annibale, Partner, McMillan LLP
Andrea Lee, Partner, Glaholt Bowles LLP

Module Two – Working with Experts in Delay Claims: What You Need to Know

(48 mins, on demand, recorded in 2021)

Gain a practical understanding of how to work effectively with experts in delay claims, including the state of the law and the industry, common pitfalls to watch out for.

Glenn Ackerley, Partner, WeirFoulds LLP

Module Three – Overview of the Different Methods for Calculating Delay and Impact Losses

(62 mins, recorded in 2024)

Get a practical understanding of the six most common delay analysis methods: time impact, collapsed as-built, time slice windows, as-planned versus as-built windows, longest path, impacted as planned.

Meera Wagman, Managing Director, Secretariat Advisors

9:30 a.m. – Onsite Registration

10:00 a.m. – Chairs’ Welcome and Industry Update

• Chairs welcome, course intent/objectives, roadmap
• State of the delay claims landscape and what’s ahead

Jason Annibale, Partner, McMillan LLP
Meera Wagman, Managing Director, Secretariat Advisors

10:15 a.m. – Delay Claims and Productivity Loss in 2027: Advanced Strategies for Quantification, Defence and Risk Positioning

• Strategic landscape update – what’s new for 2027? Market trends, key developments, increased scrutiny on quantification methodologies, evolving expectations, impact of global disruptions
• Defensive posturing – owners’ evolving role and 2027 expectations and tools
• Contractor/subcontractor positioning – building a defensible claim
  • Insights for early identification of delay triggers
  • Alignment between field documentation and claim narrative
  • Avoiding overreach in scope and causation
  • Distinctions for subcontractors vs. GCs claim dynamics
  • How to manage your upstream/downstream exposure
• Quantifying loss of productivity – methodologies and application
  • Comparative overview
  • Quantification methodology matrix
  • Review a case study where a GC successfully defended a Measured Mile claim using contemporaneous data and third-party validation
• Telling your delay and impact story – advanced documentation and communication techniques
  • Framework of causation and integration
  • Claim narrative structure sample
  • Lessons learned where poor internal alignment undermined strong claims
  • How to communicate effectively across legal, technical and executive teams
• Tactical communication and risk framing – internal and external strategies, and templates
• Wrap-up and strategic tactics/takeaways

Nader Akkaoui, Partner, HKA Global

11:30 a.m. – Break    

11:45 a.m. – Working with Delay Experts in 2027: Advanced Challenges, Solutions and Impacts

• Strategic landscape for 2027 – overview of key developments, issues and challenges
• Managing conflicts of interest and expert independence
• Tactics for maximizing expert value for the client
• Methodology selection for calculating the claim with precision and defensibility
• Best practices for managing the lawyer-expert relationship
• Strategies for navigating the court/arbitration panel – how to present a complex delay analysis clearly and credibly
• Ethical challenges and risk management issues
• Specialized topics – loss of productivity, disruption claims, and concurrent delay
• Expert tips for refinement

Ali Al-Ahmad, Senior Managing Director, Head of Canada Construction, Projects & Assets, FTI Consulting
Zack Kilgore, Managing Director, Secretariat Advisors

1:15 p.m. – Lunch   

2:00 p.m. – “You Want it When?” Tools and Tactics for Dealing with an Unrealistic Schedule

• Reality check – why unrealistic schedules persist
  • Poll “What’s the shortest timeline you’ve been asked to deliver?”
• “You want it when?” How to set a realistic schedule – key steps and factors to include, sample schedule validation worksheet
  • Discuss example of a project that avoided delay by challenging the initial schedule
• “Getting real” – what to do when the schedule is unrealistic, including how to raise concerns constructively, propose phased or milestone-based alternatives, push-back diplomatically
  • Discuss example of a contractor who renegotiated successfully
• Planning under pressure, when the owner wants to start now – what to document before starting, consider early works agreement sample clause, checklist before starting, considerations to ensure proper planning
  • Discuss example where a rushed start led to costly rework
• Avoiding the fall-out after starting the project with “rose-coloured glasses”
• Notice: how to protect your position
  • Why do we need it? What’s the expectation for 2027?
  • Legal and contractual expectations, delay notice examples
  • How to give notice while preserving the relationship
  • Case law snapshot – recent decisions on late or missing notice
• Managing upstream/downstream claims (i.e. double-dipping)
• “The contractor is delaying me. What do I do?”
• How to manage finger-pointing and get the job done?
  • Delay log template and impact tracker
  • How to separate causes
  • Review a dispute resolved through clear communication
• What you can do tomorrow – panelists each share one practical takeaway
• Poll “What tool or tactic will you use next?”

Moderator:
Geza Banfai, Counsel, McMillan LLP

Panel:
Janet Oh, Chief Legal Officer, WSP Canada
Rob Pattison, Principal, Rob Pattison Consulting, and former Public Infrastructure Executive
Michael Valo, Partner, Glaholt Bowles LLP

3:15 p.m. – Break    

3:30 p.m. – Inside the Decision Room: Adjudicating Delay Claims in 2027

Designed for experienced professionals, this session offers direct insights from adjudicators and decision-makers on what truly influences outcomes in delay and productivity loss claims – beyond the expert report.

• Setting the stage – what decision-makers actually look for and prioritize (hint: it’s not the expert!)
• The role of the expert – help or hindrance?
• Admissibility: how to get an expert report admitted or tossed
• Productivity loss and industry studies: Do they hold weight?
• Methodology matters: what works in front of a decision-maker
• “The best expert I ever saw…”
• Do’s and don’ts and pet peeves
• What to do differently – refinement tips

Moderators:

Jason Annibale, Partner, McMillan LLP
Meera Wagman, Managing Director, Secretariat Advisors

Panel:

Arbitrator/Mediator
Joel Richler, Arbitrator, Bay Street Chambers

Adjudicator
Edward (Ted) Dreyer, Partner, Bennett Grant LLP, and Certified Adjudicator, Ontario Dispute Adjudication for Construction

4:50 p.m. – Wrap-up and Final Questions

5:00 p.m. – Program Concludes             

5:30 p.m. – Post-Program Non-Sponsored Networking/Drinks Thing at Joey’s Restaurant Eaton Centre (right next door to Osgoode’s facility at 1 Dundas St West). All delegates and faculty are invited.