13th Annual National Symposium on Managing Risk in Construction Contracts & Projects

Canada’s must-attend legal construction event for in-house counsel and project managers

February 25–26, 2021 (EST) | Virtual Conference EXPLORE THE NEW VIRTUAL EXPERIENCE FOR 2021

13 Annual National Symposium on th

MANAGING RISK IN CONSTRUCTION CONTRACTS & PROJECTS

No Need to Travel.

Connect with Your Peers Virtually.

A comprehensive guide to the latest developments affecting construction contracts across industry sectors

Elise Teitler Project Manager ODACC

Steve Ness President Surety Association of Canada

Interactive Virtual Conference Features

Pre-Conference Meet & Greet: A unique face-to-face interaction with faculty experts Live Polling: Connect with attendees through our rich interactive tools

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CREDITS

Robby Sohi Legal Counsel – Western Canada EllisDon Group of Companies

Pierre Hamel Director of Legal and Government Affairs Association de la Construction du Québec

New for 2021:

1:1 Networking Breaks: Make real connections with your peers in our new virtual platform

Virtual Roundtable: Engage with our faculty in a Think Tank session on Effective Project Management in a COVID Era

Markku Allison Vice President, Strategy + Innovation Chandos Construction

EARN CPD

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y Deconstructing Construction Law Reforms: Practical Solutions for Adopting a Prompt Payment Regime with Perspectives from Across the Country y Strategies for Preventing, Mitigating and Eliminating Environmental Risks in Construction Projects – Transit as a Case Study

y Think Tank on Project Management and Defending Against Delays and Impact-Related Claims in a COVID Era y Ethics 101: Critical Issues to Consider in Selecting Your Joint Venture Partner and Managing Relations y Spotlight on Collaborative Contracting Models and Lessons Learned from Current IPD Projects

ASSOCIATE SPONSORS:

CanadianInstitute.com/ConstructionRisk • 1 877 927 7936

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Careful planning is the cornerstone of any successful construction project.

W

ith the implementation of prompt payment legislation sweeping across jurisdictions, and with the impact of the Covid-19 pandemic disrupting schedules, the onus falls on project owners, managers and builders to effectively manage risk, avoid costly litigation, and ensure the best outcome for stakeholders. Is your organization prepared to effectively manage its project contracts amid uncertainties?

The Canadian Institute’s 13th Annual National Symposium on Managing Risk in Construction Contracts & Projects addresses the most critical legal challenges from contract negotiation to construction insurance, litigation, and conflict resolution. Join construction companies, public sector players and infrastructure stakeholders from east to west on an interactive virtual platform.

Highlights Include: » Deep Dive into the Ins and Outs of Construction Liens & Common Pitfalls to Avoid » Ontario Paves the Way: Update on Prompt Payment and Adjudication One Year Later and What Other Provinces Can Expect » Surety Bonds & What You Need to Know to Avoid Insolvency on Your Construction Projects » Innovation in Project Management and Use of Technology in Legal Services to Create Efficiencies and Security » Ethical Issues in Joint Venture Representations and Damages Prevention This is a must-attend event for construction lawyers and senior industry professionals.

Gather the intelligence you need to prevent and mitigate risk from the beginning of the project through to completion.

We look forward to seeing you in February!

Neil Abbott Partner Gowling WLG 2021 Conference Co-Chair

ASSOCIATION PARTNER:

Jennifer Suess Senior Vice President, General Counsel & Corporate Secretary RioCan Real Estate Investment Trust 2021 Conference Co-Chair

MEDIA PARTNERS:

DISTINGUISHED FACULTY Co-Chairs Neil Abbott Partner Gowling WLG Jennifer Suess Senior Vice President, General Counsel & Corporate Secretary RioCan Real Estate Investment Trust Speakers Glenn Ackerley Partner WeirFoulds LLP Markku Allison Vice President, Strategy + Innovation Chandos Construction Jason Annibale Partner McMillan LLP Keith Bannon Managing Partner Glaholt Bowles LLP

Bill Deley Senior Counsel – North America GHD Paul Dipede General Counsel Corebuild Construction Ltd. Chad Eggerman Partner MLT Aikins LLP Julianna Fox Chief Ethics and Compliance Officer WSP Jesse Gardner Partner Singleton Urquhart Reynolds Vogel LLP Karen Groulx Partner Dentons Canada LLP

Yuri Bartzis Innovation Manager – Canadian Building Operations Pomerleau

Pierre Hamel Director of Legal and Government Affairs Association de la Construction du Québec

Graham Brown Partner Cassels Brock & Blackwell LLP

Seán Hollywood Senior Director, Construction Solutions FTI Consulting

Chris Burr Partner Blake, Cassels & Graydon LLP

Howard Krupat Partner DLA Piper Canada LLP

Geoff Capelle Project Development Manager Bird Construction

Ian Marshall Vice President, Commercial & Legal Bot Construction Group

Barbara Capes Assistant General Counsel Kiewit Canada Inc. Ellie Choi Vice President and General Counsel Chandos Construction

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Brian Chung Partner Aird & Berlis LLP

twitter: @CI_Infrastruct linkedin: The Canadian Public Infrastructure Network

Marko Misko Partner HWL Ebsworth Lawyers Rick Moffat Partner HKA

Jay Nathwani Senior Legal Counsel Crosslinx Transit Solutions Constructors Anca Neacsu Partner McCarthy Tétrault LLP Steve Ness President Surety Association of Canada Jamie Olsen Legal Counsel Graham Construction Leanna Olson Senior Legal Counsel Bantrel Co. Iain Peck Partner Stieber Berlach LLP Amee Sandhu Founder & Principal Lawyer Lex Integra Professional Corporation Robby Sohi Legal Counsel – Western Canada EllisDon Group of Companies Damon Stoddard Partner Heal & Co. LLP Joshua Strub, BESc (Civil), JD Partner Margie Strub Construction Law LLP Lorna Tardif Partner HKA Elise Teitler Project Manager ODACC Marty Venalainen Director, Transaction Legal Infrastructure Ontario

DAY 1

Thursday, February 25, 2021 (Eastern Standard Time)

10:30 Pre-Conference Meet-n-Greet in the Speakers Lounge Grab your morning coffee and enjoy a unique face-to-face virtual meet and greet with some of the speakers you’ll be hearing from during the conference. This is your chance to gain exclusive access to the expert faculty and get to know one another in a more casual format before the event gets underway!

11:00

Opening Remarks from the Co-Chairs Microphone Neil Abbott, Partner, Gowling WLG

Jennifer Suess, Senior Vice President, General Counsel & Corporate Secretary, RioCan Real Estate Investment Trust

11:15

ROUNDTABLE

Think Tank on Effective Project Management in a COVID Era: From Force Majeure to Defending Against Delays and Impact-Related Claims Microphone Jason Annibale, Partner and National Co-Chair Construction, McMillan LLP

• What are owners doing, and can do, to mitigate against COVID impact claims?

• Evaluating the general contractor’s responsibility and liability for advancing subcontractor claims for COVID impacts against owners • Exploring the ripple effects on supply chain, workforce, delivery of materials, foreign procurement, etc.

12:30 | 1:1 Peer-to-Peer Networking Make new connections, face-to-face. Troubleshoot top pain points and share breakthrough strategies using an interactive virtual feature that will introduce you to fellow industry leaders for a quick conversation.

12:40 Break 1:00

Part 1 – Deconstructing Construction Law Reforms Across Canada: Lessons Learned from the Ontario Experience Microphone Barbara Capes, Assistant General Counsel, Kiewit Canada Inc.

Bill Deley, Senior Counsel – North America, GHD

Paul Dipede, General Counsel, Corebuild Construction Ltd.

Howard Krupat, Partner, DLA Piper Canada LLP

The Ontario Construction Act’s prompt payment provisions came into force in 2019 and other provinces such as Alberta, Saskatchewan, British Columbia, and Nova Scotia are moving Seán Hollywood, Senior Director, Construction Solutions, forward with their own regimes. This session will provide an overview of what the experience has been in Ontario thus far FTI Consulting and what other areas can expect going forward. Learn how the changes affect you and what steps you can take to protect Rick Moffat, Partner, HKA your organization whether you are an owner, a contractor or subcontractor, an architect or engineer.

Graham Brown, Partner, Cassels Brock & Blackwell LLP

Joshua Strub, Partner, Margie Strub Construction Law LLP

This session will focus on how to effectively manage your project’s COVID-related risks and how to draft contracts to avoid disputes with a special focus on force majeure, quantification of damages, delay, productivity and disruption claims during the global pandemic.

• Navigating the complexities of contractual agreements to ensure they’re successfully negotiated, structured and drafted: what COVID-related clauses are being incorporated into contracts?

• The role of force majeure: what is it and how does it apply in the context of typical COVID delays?

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• How have the amendments to Ontario’s Construction Lien Act changed the landscape of construction contracts and how are risks being mitigated?

• What has been the experience in global jurisdictions that currently utilize prompt payment and adjudication regimes?

• How do we balance client, vendor, and partner expectations and demands with tight timelines and notice requirements?

CanadianInstitute.com/ConstructionRisk • 1 877 927 7936

2:00

Part 2 – Practical Solutions for Adopting a Prompt Payment Regime and Coping with Growing Pains Microphone Chad Eggerman, Partner, MLT Aikins LLP

Pierre Hamel, Director of Legal and Government Affairs, Association de la Construction du Québec

Leanna Olson, Senior Legal Counsel, Bantrel Co.

Robby Sohi, Legal Counsel, Western Canada, EllisDon

In October 2020, Bill 37, the Builders’ Lien (Prompt Payment) Amendment Act, was introduced in Alberta and amendments are expected to become law in summer 2021. This session will provide various perspectives on forthcoming construction legislative reforms across the country to address payment issues on construction projects, including in Alberta and Saskatchewan, and compare them with what’s already underway in Ontario and Quebec.

Discussion points will include: • Exploring key difference between Alberta’s and Saskatchewan’s prompt payments regimes and Ontario’s approach » What is prompt payment and how does it work under the various regimes? » What are the benefits and problems associated with the different approaches?

• Reviewing government 50 pilot projects in Quebec » What is the role of a prompt payment regime in terms of economic recovery in a pandemic?

• Assessing the wide-reaching impacts of the reforms across the construction industry and related sectors • Understanding contract risks under the prompt payment regime in the COVID era and the importance of record-keeping and communication

"Business and industry input was a practical and interesting addition to the lawyers input."

Rebecca Hockin, Legal Counsel, Graymont

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3:00

Afternoon Break

3:30

The Ins and Outs of Construction Liens & Common Pitfalls to Avoid Microphone Brian Chung, Partner, Aird & Berlis LLP

Damon Stoddard, Partner, Heal & Co. LLP

This session will offer a deep dive into how construction liens work, the nature of a lien and other related issues to provide you with a practical understanding of where companies go wrong and practical tips on how to meet the obligations. Come ready with your questions!

• Timeline issues: » When do liens arise and when do they expire? » What items are properly included in a lien? » How do the transition rules affect the timelines for liens? » How do the transition rules affect access to Adjudication?

• Prosecuting lien claims; priorities between liens and other encumbrances on title • What are the process requirements to manage and participate in the summary process of a lien action? Pre-trials, settlement meetings, and other unique aspects of a lien proceeding 4:15

Fireside Chat on Adjudication: Update on Lessons Learned from ODACC and Construction Lawyers One Year Later Microphone Keith Bannon, Managing Partner, Glaholt Bowles LLP

Elise Teitler, Project Manager, ODACC

Receive a first-hand update from the Ontario Dispute Adjudication for Construction Contracts (ODACC) and construction lawyers engaged in adjudications one year after adjudication was introduced and derive what other provinces can anticipate about the process.

5:00

PANEL

Surety Bonds: What You Need to Know to Avoid Insolvency Issues and Practical Tools for Your Project Microphone Chris Burr, Partner, Blake, Cassels & Graydon LLP

Steve Ness, President, Surety Association of Canada

Jamie Olsen, Legal Counsel, Graham Construction

• Understanding your bonding capacity and how it’s determined • Ensuring you’re protected from contractor insolvency as companies struggle to recover from the effects of COVID-19 • How will the Companies’ Creditors Arrangement Act or Bankruptcy and Insolvency Act impact your projects?

• Identifying gaps in the process to arrive at sound and solid practices for contractors 6:00

Closing Remarks, Conference Adjourns to Day 2

DAY 2

Friday, February 26, 2021 (Eastern Standard Time) 10:30

Opening Remarks from the Co-Chairs 10:45

Dispute Resolution for Construction Projects: Assessing Improvements to the Process and Determining Which Method is Right for You Microphone Jesse Gardner, Partner, Singleton Urquhart Reynolds Vogel LLP

Ian Marshall, Vice President, Commercial & Legal, Bot Construction Group

Jay Nathwani, Senior Legal Counsel, Crosslinx Transit Solutions Constructors

Lorna Tardif, Partner, HKA

Construction projects are complex and multi-faceted endeavors involving many parties with individual needs and interests, resulting in a greater likelihood that disputes will arise. Identifying common construction disputes and working to avoid them must constitute an essential part of each party’s risk management plan.

Join our panel of experts for an engaging discussion on: • The importance of getting the contract right before it is entered into. Contract terms: scope, time, quality, cost, risk, role of the engineer/consultant, and dispute resolution • What are your dispute resolution options under your contract?

Should you consider mediation or arbitration instead, and why?

• How to clearly establish expectations and responsibilities at the outset of a project by striking a balance in priorities • Adequately defining project scope with the intention of avoiding cost overruns and disputes

Many construction contractors are dealing with significant financial constraints this past year and some may face insolvency.

This session will focus on surety bonds: why you need them, how they work, the claim process, and who needs to be involved.

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• Maximizing your awareness and preparedness for potential setbacks at every stage of the project • Anticipating potential disputes and strategizing means of deterring and resolving them • Cost-effective dispute resolution: what are the options?

Adjudication, expert determination, dispute boards • What is the “best” method of resolution of construction disputes? Time, cost, quality of outcome and proportionality; the role of evidence and procedure • Understanding and navigating dilemmas at the core of disputes • Litigating construction disputes post-COVID » Expedited mechanisms to achieve resolution of COVID disputes, dispute review boards, adjudication arbitration, and litigation » Digitization of the courts and virtual arbitration proceedings lessons learned and future changes: witness examination, displaying of documents, etc.

12:00

Q&A

Spotlight on Collaborative Procurement and Contracting in Australia Microphone Marko Misko, Partner, HWL Ebsworth Lawyers

Anca Neacsu, Partner, McCarthy Tétrault LLP

Collaborative contracting models such as alliance and IPD, are relatively new to the Canadian market and have generated a lot of discussion and interest in the past few years for both public and private projects. With the release of the CCDC 30 and the procurement by public authorities of infrastructure projects under the alliance model, these collaborative models are likely to become more prevalent in the Canadian market. Hear from one of Australia’s pre-eminent government, infrastructure and project lawyers, with several decades of experience in collaborative contracting models, on lessons learned and best practices in the context of collaborative procurement and contracting in Australia.

Discussion points will include: • Projects suitable for a collaborative contracting model and key elements to consider prior to procurement • Structuring the procurement process • Key risk issues and the commercial framework aligning participants’ interests • Lessons learned from projects (delivered on either a traditional or collaborative basis) • Current drive for greater collaborative procurement and contracting 12:45 | Meet-n-Greet in the Speakers Lounge Grab your lunch and enjoy a unique face-to-face virtual meet and greet with some of the speakers you’ll be hearing from during the conference. This is your chance to gain exclusive access to the expert faculty and get to know one another in a more casual format.

1:00 Break

1:30

» What background information on site conditions is provided by an owner and their consultant to the contractor during the tendering process? How reliable is it for the contractor? » How is that risk allocated in the contracts? What happens when background information is incorrect prior to the commencement of work and what are the implications?

Contamination issues – where does the responsibility lie and how to deal with unforeseen costs Examining issues surrounding utility relocations Analyzing ongoing and potential disputes related to major projects, including Eglinton Crosstown LRT, Union Station revitalization, Ottawa’s Stage 2 Light Rail Transit project, Ontario Line, etc.

Assessing the resiliency needed for construction projects to succeed from start to finish

From Concept to Practical Application: IPD through a Local Lens with Perspectives from Canadian Projects Microphone Glenn Ackerley, Partner, WeirFoulds LLP

Markku Allison, Vice President, Strategy + Innovation, Chandos Construction

Geoff Capelle, Project Development Manager, Bird Construction

Ellie Choi, Vice President and General Counsel, Chandos Construction

Integrated Project Delivery (IPD) is a collaborative project delivery approach that integrates people, systems, and business models to optimize the project management process from design to construction. This session will offer an in-depth discussion on this approach, including a critical reflection on its use in recent construction projects.

Topics will include: • CCDC30 overview: structure and major moving parts • Implications of the IPD contract from a philosophical perspective • Keys to success in validation / IPD; evidence of real-life project successes • Owner readiness and path to implementation • IPD in the industrial sector and project suitability • The emerging role of IPD in oil and gas industry 2:45

TRANSIT CASE STUDY

Strategies for Preventing, Mitigating and Eliminating Environmental Risks in Construction Projects Microphone Iain Peck, Partner, Stieber Berlach LLP

Marty Venalainen, Director, Transaction Legal, Infrastructure Ontario

Transit construction projects involve many moving parts, making them ripe for conflicts and potential delays at every stage of the process. This session will view a variety of delay claims, disputes and litigation-related issues, primarily related to environmental issues, from the perspective of key transit projects with applications to other types of projects.

• Assessing two types of risk: unforeseen and unforeseeable » What are the differences and how to ensure you’re staying on top of both • Understanding the impact of environmental issues; geotechnical risk and other site conditions from a contractual and practical perspective through case law examples

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• • •

•

3:30

Afternoon Break

4:00

Leveraging Technology in Legal Services to Create Efficiencies and Security Microphone Yuri Bartzis, Innovation Manager – Canadian Building Operations, Pomerleau

Karen Groulx, Partner, Dentons Canada LLP

COVID-19 has forced many companies to go digital in their processes, changing how they conduct business operations from planning of projects and electronic document management to remote meetings and site visits. This session will explore the how to implement legal service practices to fin efficiencies, while maintaining security of information.

• Exploring ways in which construction companies are leveraging technology “on the job” • Exploring lessons learned from virtual trials, discoveries and meditations in the construction world and anticipating future changes • Predicting the impact on process even after in-person courts and tribunals return – are remote witness testimony and other new approaches here to stay?

• Debating the reliability of software for generating and cataloging documents — How has technology adapted and is now being used on construction projects to record everything from change orders to site instructions?

5:00

LIVE POLLING

Ethics 101: Critical Issues to Consider in Selecting Your Joint Venture Partner and Managing Relations Microphone Julianna Fox, Chief Ethics and Compliance Officer, WSP

Amee Sandhu, Founder & Principal Lawyer, Lex Integra Professional Corporation

This session will provide a breakdown of key ethical issues to consider and best practices to implement when dealing with joint ventures in construction projects.

• Identifying your joint venture partner: » What kind of due diligence are you doing when you select your joint venture partner? Should you do this before or after your bid/proposal goes to the client?

• Ethics terms and conditions in your joint venture agreement – what should you have?

• Codes of conduct and why do they matter? Whose code of conduct prevails? Should you write a specific code of conduct for your joint venture?

• Ethics trainings: Whose budget pays for the training and which platform do use?

• Whistleblower Hotlines: Whose whistleblower policy prevails?

Whose hotline do you use?

• Investigations: » Whose investigations policy and process prevails? » Who will conduct any investigations? Each JV partner, or a joint investigations team? » Who will get access to any investigation reports? » Who will have authority to implement recommendations coming out of investigations reports?

• Auditing your joint venture partner? When and how should you audit your joint venture team member?

• Conflicts of interest: How will you handle conflicts of interest?

• Subcontractors – how much of this should flow down to subs of the JV partners, and who is responsible for that?

6:00

Closing Remarks, Conference Concludes

A MUST-ATTEND EVENT FOR y In-House Counsel y Risk Managers y Private Legal Practitioners

CanadianInstitute.com/ConstructionRisk • 1 877 927 7936

y Contract Administrators, Managers, and Specialists y Engineers and Architects y Project Managers

y Construction Managers y Procurement Specialists y Construction Consultants

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Join Us Virtually this February!

Our new virtual events continue to be guided by our unifying philosophy: we believe that growth and success occurs when the power of people and the power of information come together. We may not be able to gather in person, but nothing stops connection and innovation.

As the current global situation continues to unfold, we understand that it may not be possible to attend our events in person.

At the same time, we also understand that collaboration is more vital than ever and for that, you can still rely on CI to bring the industry together but in a different way. We are transforming quickly to ensure you can now connect virtually and continue to gain unparalleled access to market leading intelligence and to the facilitation of a global exchange of expertise.

Participate in Meaningful Networking Enjoy an Easy to Use, Dynamic Online Platform Immerse Yourself in Live Presentations and Panel Discussions Engage with Attendees and Speakers in an Interactive Format Meet 1-on-1 with Your Fellow Attendees For more information and answers to many of your questions, please visit:

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Legal Accreditation This 2-day conference program can be applied towards 9 of the 9 substantive hours of annual Continuing Professional Development (CPD) as required by the Law Society of Ontario. In addition, 2 hour can be applied towards the Professionalism (Ethics and Professional Responsibility) requirement.

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