7th Annual Conference on Managing Risk in Construction Contracts& Projects - WEB

7th Annual Conference on MANAGING RISK

February 23–24, 2023

2023 Co-Chairs

Giovanni Cautillo President Ontario General Contractors Association

IN

CONSTRUCTION CONTRACTS & PROJECTS

Critical legal and project updates for Eastern Canada’s construction professionals

Gain insights from industry-leading stakeholders:

• Bird Construction

• ODACC

• Kiewit

• GHD

• Marsh Canada Ltd

• AECON Group Inc

• Colliers Project Leaders

• AECOM

• Matheson Construction

• Maple Reinders Group

DoubleTree by Hilton Toronto Downtown, Toronto, ON

Howard Krupat Partner

DLA Piper

Eastern Canada Edition

2023 Program Highlights:

 Reviewing the Efficiency and Use of the Mandatory Adjudication Regime Through an ODACC Roundtable

 Essential Understanding of Collaborative Contracts

 How ESG Initiatives Can Positively Impact Risk Management

 Addressing Eastern Canada’s Skilled Labour Shortage through Diversity, Equity and Inclusion

Premium Exhibitors:

Pre-Conference Workshops – February 22, 2023

See page 4 for more details.

A Construction Liens 101: Understanding the Lien Process from Soup to Nuts

B The Art of Construction Contract Negotiation: What Owners and Contractors Need to Know

Each construction project involves great many tradespeople, overlapping timelines, and suppliers. You must ensure not only that you have the right construction contract for your project, but that it is well-written and tailored to protecting your business from the inevitable challenges that arise during a complex project involving many parties. You must understand the complexities and challenges of an industry where both global and local factors can make or break a successful project.

With all this complexity, there is a heightened chance of things going wrong, and you must balance risk and reward every day. If not managed, the risks can hurt your construction projects and prove fatal to your bottom line.

While each project is unique, with different timelines, resources, priorities and risks, our robust two-day conference guarantees that you will walk away with new strategies or insights for your particular project. Don’t miss two days of timely updates and forward-thinking discussions on the critical concerns impacting Eastern Canada’s construction professionals.

Highlights from this year’s agenda include:

 Creative Solutions to Supply Chain Disruption and Price Escalation

 Going Beyond the Basics of Construction Insurance to Maximize Protection from Risk

 Approaches to Dispute Resolution and Best Practices for Resolving Problems Without Going to Court

 Building a New Standard of Construction Safety

We look forward to welcoming you in Toronto!



Who Should Attend

• In-House Counsel

• Private Legal Practitioners

• Project Managers

• Risk Managers

• Contract Administrators, Managers, and Specialists

• Engineers and Architects

• Construction Managers

• Procurement Specialists

• Construction Consultants

• Construction Associations

Whether you are an owner or a contractor, managing your risk exposure is a fundamental and ongoing concern for your project from inception to completion.

This was a good conference, and I was pleased to participate in it!

Partner, Stieber Berlach LLP

SPEAKER FACULTY

Co-Chairs

Giovanni Cautillo President Ontario General Contractors Association

Howard Krupat Partner

DLA Piper

Keynote

Michael Lindsay President and CEO Infrastructure Ontario

Speakers

Glenn Ackerley Partner

Weird Foulds LLP

Geza R. Banfai Counsel

McMillan LLP

Prabhjit (Prabh) K. Banga Director, Sustainability AECON Group Inc

Faren Bogach Founder Construct Legal

Graham Brown Partner Cassels Brock & Blackwell LLP

Legal Accreditation

Mike Brown Vice President, Operations Matheson Constructors

Justin Campisi Team Leader Construction Marsh Canada Limited

Geoff Capelle Director, Project Development & Collaborative Delivery Bird Construction

Barbara Capes

Assistant General Counsel

Kiewit

Brian Chung Partner

Aird & Berlis LLP

Bill Deley Principal and Assistant General Counsel

GHD

Paul Dipede General Counsel Corebuild Construction

John Dowse Senior Managing Director Ankura Consulting Group (Canada)

Bill Ferreira Executive Director BuildForce Canada

Enzo Garritano

President and CEO Infrastructure Health & Safety Association

EARN CPD CREDITS This program can be applied towards 9 Substantive hours and 1 Professionalism hour of annual Continuing Professional Development (CPD) required by the Law Society of Upper Canada. Members will also receive 3 additional CPD credit hours for the attendance of each of the workshops.

Members of the Law Society of Saskatchewan seeking accreditation for an out of province activity are requested to submit the CPD Activity Application Form and agenda directly to the LSS for approval. The form is available on the LSS Website.

Aaron Grossman Counsel

Lenczner Slaght LLP

Shaun A. Hashim Solicitor, Legal Department Toronto Transit Commission (TTC)

Chad Kopach Partner and ODACC Adjudicator Blaney McMurtry LLP

Todd Mandel Vice President Legal, Buildings and Bird Capital

Dragan Marinkovic Senior BIM Technician/Specialist Salas O’Brien

Christopher Moran General Counsel Maple Reinders Group

Dennis L. Picco, Q.C. Partner Dentons

Lindsay Reynolds Principal Project Manager & ODACC Adjudicator Hancock & MacArthur Inc.

Yasaman Shahtaheri PhD, PMP Risk Consulting and Decision Support Lead, Program and Project Management Canada Region AECOM

Sahil Shoor Partner Gowling WLG (Canada) LLP

Joshua Strub Partner Margie Strub Construction Law LLP

Elise Teitler Director, Manager ADR Services ODACC

Leah Traviss Senior Project Manager MARANT Construction Limited

Alex Valova Senior Counsel Black & McDonald LtdODACC Valerie Vanderwyk Community Engagement Coordinator Aboriginal Apprenticeship Board of Ontario

Lena Wang Partner Glaholt Bowles LLP

Jeremy Warning Partner Mathews, Dinsdale, and Clarke LLP

Arthur Winslow National IPD Director Colliers Project Leaders

The same number of hours may be applied toward your continuing legal education requirements in British Columbia.

The Barreau du Quebec automatically recognizes the same number of hours for this training activity, the latter having been accredited by another Law Society subject to MCLE.

Attendance at this program by members of the Law Society of Alberta may be submitted to the Law Society for Continuing Professional Development credits.

PRE-CONFERENCE WORKSHOPS

February 22, 2023

Workshop A

9–12:30pm

Construction Liens 101: Mastering the Lien Process from Soup to Nuts

microphone-alt Lena Wang, Partner, Glaholt Bowles LLP

Brian Chung, Partner, Aird & Berlis LLP

Aaron Grossman, Counsel, Lenczner Slaght LLP

When a contractor performs work, they have the right to be paid. But for a variety of reasons, payment may not be forthcoming, and contractors and subcontractors need to consider the enforcement mechanisms available to them. Often, this will include a construction lien. In this workshop, you will learn the critical elements of construction liens and the mechanisms for enforcing them. Contractors will learn about strategic considerations in advancing lien claims, and owners will learn how best to respond to them. Topics of discussion will include:

• Examining the various types of lienable interests

• Step-by-step review of the procedures you must follow to properly preserve your lien

• Factors that permit the release of holdback at different times throughout the course of the construction project

• Summarizing and analyzing significant cases in the construction lien area

• Mapping out the interactions between construction lien remedies and adjudication remedies

» Understanding the interplay between both remedies

» Reconciling ambiguities by taking the appropriate positions to preserve your rights

hands-helping

A SPONSOR

Workshop B

1–4:30pm

The Art of Construction Contract Negotiation: What Owners and Contractors Need to Know

microphone-alt Faren Bogach, Founder, Construct Legal

John Dowse, Senior Managing Director, Ankura Consulting Group (Canada)

Joshua Strub, Partner, Margie Strub Construction Law LLP

Negotiating construction contracts is a critical skill that will help ensure all parties are satisfied with the contract terms; that the contract is fair, and risk is appropriately allocated. For both owners and general contractors, there are specific contract clauses that require attention. Anticipating what to expect and knowing how best to negotiate contract terms moves your contract negotiation skills from skillful to artful. In this workshop, topics of discussion will include:

• Thinking ahead before the contract is awarded by establishing clear intentions and reviewing the contract in the bidding stage

• Identifying and negotiating the risks most prevalent to contractors and owners based on both “traditional” and newer contract models

• Learning the best practices for negotiating indemnification, bonds, warranties, limitation of liability, schedule, payment, and delays

» Considering equitable resolutions for supply chain and price escalation issues due to the pandemic, the war in Ukraine, rising inflation and unanticipated events

• Understanding what collaborative contracting is and how it can work for certain projects

• Reviewing the options for dispute resolution, with an eye to the adjudication regime available under the Construction Act

With conferences in the United States, Europe, Asia Pacific, and Latin America, the C5 Group of Companies: American Conference Institute, The Canadian Institute, and C5 Group, provides a diverse portfolio of conferences, events and roundtables devoted to providing business intelligence to senior decision makers responding to challenges around the world.

DAY ONE FEBRUARY 23, 2023

8:00am Registration and Breakfast

9:00am

Opening Remarks from the Co-Chairs

microphone-alt Giovanni Cautillo, President, Ontario General Contractors Association

Howard Krupat, Partner, DLA Piper

9:15am

Keynote

microphone-alt Michael Lindsay, President and CEO, Infrastructure Ontario

9:45am

Making the Best of a Bad Situation: Winning Solutions to Supply Chain Disruption and Price Escalation

microphone-alt Sahil Shoor, Partner, Gowling WLG (Canada) LLP

Chris Moran, General Counsel, Maple Reinders Group

Alex Valova, Senior Counsel, Black & McDonald Ltd

The COVID-19 pandemic, the war in Ukraine and other geopolitical conditions have caused significant disruptions to supply chains and have raised required costs in an unprecedented manner. With the future still uncertain, lawyers, contractors, and owners must be creative with their risk mitigation solutions. In this session, topics of discussion will include:

• Considering contractual relief provisions beyond the traditional force majeure to mitigate risks

• Rethinking Guaranteed Maximum Price and other similar contracts in light of increasing and fluctuating prices

• Analyzing recent litigation on the issues of supply chain disruption and price escalation

10:45am Networking Break

11:15am

A Shift in How Construction Does Business? Moving Toward Collaborative Delivery Models

microphone-alt Todd Mandel, Vice President Legal, Buildings and Bird Capital

Geza R. Banfai, Counsel, McMillan LLP

Arthur Winslow, National IPD Director, Colliers Project Leaders

Selecting the right construction contract model for a particular project can mean the difference between harmony and discord among project participants, and the difference between the financial success and failure of the project. In recent years, the construction industry has witnessed the introduction of alternative delivery models: the Integrated Project Delivery Model (IPD) and Progressive delivery models. These project delivery models adapt to the realities of a changing marketplace by bringing all parties to the table early on to collaboratively manage their respective risks. In this session, topics of discussion will include:

• Understanding the features of the IPD and Progressive models

• Contrasting the collaborative models with the traditional, non-collaborative models

• Analyzing which projects are right for a collaborative delivery model

12:15pm Networking Lunch

1:30 pm

Industry Pulse: How Environmental, Social, and Governance (ESG) Can Work to Your Advantage

microphone-alt Prabhjit (Prabh) K. Banga, Director, Sustainability, AECON Group Inc.

ESG is more than just a buzzword – capital assets in Canada will need to be constructed to withstand decades of use, change, and exposure to weather extremes. Integrating resiliency and sustainability into all public capital assets will help build future-focused infrastructure, guard against risks presented by floods and wildfires, and support positive environmental change through sustainable materials, lower emissions, and more efficient energy use. Construction and engineering firms working on private projects can equally help themselves become industry leaders through the maximization of ESG goal setting and reporting. In this session, topics of discussion will include:

• Understanding the core pillars of environmental, social and governance and integrating ESG into business strategy

• Knowing the standards to follow, what to measure and which metrics to compile when developing and implementing ESG goals

• Effectively instituting ESG reporting mechanisms and considering the benefits of a standalone ESG annual report

2:30pm

Leveraging Innovation to Mitigate Risk: Adopting Technological Solutions and Data Analytics in Construction Projects and Construction Law

microphone-alt Paul Dipede, General Counsel, Corebuild Construction

Yasaman Shahtaheri, PhD, Risk Consulting and Decision Support Lead, Program and Project Management Canada Region, AECOM

Dragan Marinkovic, Senior BIM Technician/Specialist, Salas O’Brien

Technology continues to improve at an unprecedented rate and can bring cost savings and efficiency to your construction project, contract review, as well as litigation preparation. Alternatively, the use of technology comes with its own risks, especially the risk of data theft, which could be disastrous. In this session, topics of discussion will include:

• Considering the advantages of project management software and takeoff software

• Discovering the uses of technology on the construction site (e.g., BIM, Drones, 3D modeling) towards increasing efficiency

• Best practices for synchronizing different platforms

• Strategies to encourage the use of tech and explaining the benefits therein to the less tech-savvy stakeholders

All speakers were great! – Project Manager, The City of Hamilton

3:30pm Networking Break

4:00pm

Mitigating Health and Safety Risks: Building a New Standard of Construction Safety

microphone-alt Mike Brown, Vice President, Operations, Matheson Constructors

Enzo Garritano, President and CEO, Infrastructure Health & Safety Association

Jeremy Warning, Partner, Mathews, Dinsdale, and Clarke LLP

Federal statistics show that the incidence rates of nonfatal injuries and illnesses are down significantly from 20 years ago. The fatal injury rate, however, remains high, and improving health and safety on the construction site should remain a top focus for the industry. In this session, topics of discussion will include:

• Identifying of your obligations under the Construction Health and Safety Program to ensure compliance and limit risk

» Reviewing the benefits of providing training to employees and how to develop a health and safety program compliant with provincial legislation and standards

• Learning the different situations where workers have the right to refuse work

• Extrapolating the impact of the Ontario Court of Appeal’s ruling on Ontario (Labour) v. Sudbury (City), 2021 ONCA 252 and the risks projects owners face if deemed employers

• Addressing and improving mental health within the industry in a transparent, candid, and meaningful way

5:00pm Conference Adjourns

About us:

DAY TWO FEBRUARY 24, 2023

8:00am Registration and Breakfast

9:00am

Opening Remarks from the Co-Chairs

microphone-alt Giovanni Cautillo, President, Ontario General Contractors Association

Howard Krupat, Partner, DLA Piper

9:15am

Special Roundtable with ODACC: Trends in Adjudication under the Ontario Construction Act

In this special ODACC roundtable, two ODACC adjudicators and the Director of ODACC will provide an update on the adjudication regime: what are the trends they are seeing, what is working, and what could be improved?

microphone-alt MODERATOR: John Dowse, Senior Managing Director, Ankura Consulting Group (Canada)

Elise Teitler, Director, Manager ADR Services, ODACC

Lindsay Reynolds, Principal Project Manager & ODACC Adjudicator, Hancock & MacArthur Inc.

Chad Kopach, Partner and ODACC Adjudicator, Blaney McMurtry LLP

10:00am

Alternative Dispute Resolution: Practice Points for Drafting ADR Clauses and Participating in ADR

microphone-alt MODERATOR: Howard Krupat, Partner, DLA Piper

Bill Deley, Principal and Assistant General Counsel, GHD

Shaun Hashim, Solicitor, Toronto Transit Commission

Barbara Capes, Assistant General Counsel, Kiewit

The C5 Group, comprising American Conference Institute, The Canadian Institute and C5 in Europe, is a leading global events and business intelligence company.

For over 30 years, C5 Group has proVided the opportunities that bring together business leaders, professionals and international experts from around the world to learn, meet, network and make the contacts that create the opportunities.

Our conferences and related products connect the power of people with the power of information, a powerful combination for business growth and success.

No construction project runs exactly according to plan. Therefore, it’s important to review every aspect of your construction agreement, as a well-drafted contract will anticipate any and all possible outcomes, and most importantly, how disputes will be handled, via the dispute resolution clause. Knowing which risks are better mitigated through ADR and which are better left for litigation is consequently crucial to how you negotiate the contract. And when the dispute resolution clause is triggered, you must be prepared on the next steps, as failing to follow procedure could lead to disastrous consequences. In this session, topics of discussion will include:

• Analyzing the traditional advantages and disadvantages of mediation, arbitration, and litigation

» Considering costs, timing, evidence, what decisions can be appealed, and which cannot

• Reviewing the procedures that must be followed in each type of dispute resolution

• Considering whether you should still arbitrate after a Construction Act adjudication

• Paying careful attention to how lien rights may be affected by dispute resolution proceedings.

• Learning the common pitfalls to avoid

twitter: @CI_Conferences linkedin: The Canadian Public Infrastructure Network

11:00am Networking Break

11:30am

Mastering the Use of Experts in ADR and Litigation

microphone-alt Glenn Ackerley, Partner, Weird Foulds LLP

Joshua Strub, Partner, Margie Strub Construction Law LLP

Cases are won or lost based on the strength of the evidence produced. The testimony of construction experts helps the triers of fact navigate evidence: building delays, codes and compliance, construction costs, defects, contracts, bonds, insurance, and industry standards, to name a few. Their testimony may be influential in deciding the outcome of the dispute. In this session, topics of discussion will include:

• Considering the proactive use of experts in the early stages of a project and selecting the right expert to work with

• Understanding what qualifies a witness as an expert and the best practices for challenging their status as an expert, or as impartial

• Reviewing the procedural and evidentiary rules that apply to experts to ensure they are not overstepping the scope of their role

• Comparing the different roles of experts in litigation, arbitration, adjudication, and mediation and developing correlating strategies for the cross-examination

12:30pm Networking Lunch

2:00pm

Construction Insurance: Going Beyond the Basics to Maximize Protection

microphone-alt Justin Campisi, Team Leader Construction, Marsh Canada Limited

Dennis L. Picco, Q.C., Partner, Dentons

Whether you are contractor, owner, or subcontractor, there are many different types of construction insurance coverage available to help you manage risk, beyond the minimums required by law. Learning how to customize your construction liability insurance policy will give you an advantage when it comes to mitigating the risks that come with construction projects. In this session, topics of discussion include:

• Reviewing the various insurance and bond options available for mitigating specific risks in construction

• Understanding the interplay between insurance and limitations of liability

• Determining the right level of coverage and customizing your construction liability insurance policy

• Learning the best strategies for responding to insurance claims and limiting your liability

3:00pm

Bidding and Procurement: Common and Contemporary Landmines for the Construction Industry To Avoid

microphone-alt MODERATOR: Giovanni Cautillo, President, Ontario General Contractors Association

Graham Brown, Partner, Cassels Brock & Blackwell LLP

Geoff Capelle, Director, Project Development & Collaborative Delivery, Bird Construction

The Canadian Government is one of the largest public buyers of goods and services in Canada, spending approximately $22 billion annually on behalf of federal departments and agencies. The competitive procurement process aims to get the best value for Canadians while enhancing access, competition and fairness. However, the bidding process is rife with presumptions and implied terms that can lead to unforeseen and unwanted consequences if not prevented or properly mitigated. In this session, topics of discussion include:

• Navigating the differing definitions of what constitutes the commencement of the procurement process

• Understanding when and how a response to tender may create a contract to avoid liability you are not prepared for

• Analyzing the Owner’s duty of “fairness” in bidding

» Managing allegations of bid shopping and addressing the impact of bid shopping on the industry

• Understanding the advantages and disadvantages that come with naming the subtrades in bids

4:15pm Networking Break

4:30pm

Diversity, Equity, and Inclusion: Solving Canada’s Skilled Labour Shortage

microphone-alt Leah Traviss, Senior Project Manager, MARANT Construction Limited

Valerie Vanderwyk, Community Engagement Coordinator, Aboriginal Apprenticeship Board of Ontario

Bill Ferreira, Executive Director, BuildForce Canada

The shortage of skilled labour in construction is a pressing concern to the industry and to the economic well-being of Canada as a whole. It’s an ongoing challenge to attract the younger demographic to trades, and the aging demographic in construction may be missing the skills needed to keep pace with the increased used of technology in traditional industries. Moreover, contracts are increasingly requiring Indigenous involvement as a condition of the project being awarded, which may not be sustainable considering the dearth of Indigenous companies. Now more than ever, the industry must come together to enroll and train the next generation for the benefit of all. In this session, topics of discussion will include:

• Strategies to encourage youths to enroll in trades

• Making space for women and Indigenous construction workers

• Updating company policies and corporate culture to foster diversity, equity and inclusion

5:00pm Conference Ends

UPCOMING EVENTS

Hotel Accommodations:

The Canadian Institute is pleased to offer our delegates a limited number of hotel rooms at a negotiated rate. To take advantage of these rates, please contact the hotel directly and quote “CIS”.

Hotel: DoubleTree by Hilton Toronto Downtown

Address: 108 Chestnut Street, Toronto, Ontario MG5 1R3

Reservations: 416-977-5000 and mention group code “CIS”

Please note that the guest room block cut-off date is February 1, 2023. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.

3 Ways to Register

CanadianInstitute.com/ConstructionRiskEast

Book with confidence!

Register and pay to lock in your early rate and be eligible for a full refund until February 9, 2023.

If you are unable to attend for any reason, you will have the following options:

y A full credit note for you, or a colleague to attend another event.

y A full refund.

All cancellations and changes must be submitted to CustomerService@CanadianInstitute.com by February 9, 2023.

REGISTRATION CODE: B00-397-397L23.WEB

CONFERENCE CODE: 397L23-TOR

IN-PERSON: Industry Delegates

*APPLICABLE TAXES WILL BE ADDED TO ALL REGISTRATIONS

IN-PERSON: Government & Public Sector Delegates

LIVESTREAM: Industry Delegates

LIVESTREAM: Government & Public Sector Delegates

WORKSHOPS (In-Person Only)

A: Construction Liens 101

B: The Art of Construction Contract Negotiation

PLEASE NOTE THE FOLLOWING PANDEMIC-RELATED PROTOCOLS: CI conferences and events will be organized in accordance with the latest health and safety regulations, guidelines, and recommendations, directed by the CDC and local government authorities. Attendees are advised to consider their personal health needs.

Bringing

3–4 10% Conference Discount

5–6 15% Conference Discount

7 20% Conference Discount

8+ Call 877-927-7936

*Team/group registrations must be from the same organization/firm and register together in one transaction.

All program participants will receive an online link to access the conference materials as part of their registration fee. Additional copies of the Conference Materials available for $199 per copy.

To update your contact information and preferences, please visit https://www.CanadianInstitute.com/ preference-center/. Terms & conditions and refund/ cancellation policies can be found at CanadianInstitute.com/company/faq/

Attendees are asked to self-screen in the days leading up to, before and after attending a CI event and/or conference.

We will continue to monitor the health situation and relevant authorities. Changes to health and safety measures may be made by CI at any time as required. © The Canadian Institute, 2022

The Lobby is your starting point…

View the Schedule

See What is “Happening Now”

Access Conference Materials

Accreditation Information

Check Out Our Sponsors

View Related Conferences

The Sessions area contains the majority of the conference programming and networking events.

Attend live sessions , ask questions, comment in the chat function , and take part in live polling

The 1:1 Networking is a fast-paced opportunity to meet new people and expand your professional network.

Enter this area to be paired up at random with other attendees for a quick video meet-up.

Plan to visit the Expo often. It will be open before, during, and after the conference.

Use this opportunity to explore new products and services from leading providers, and meet with new and existing partners over video chat.

Can’t Attend In-Person? Map Out Your Virtual Experience.

True Interaction from Start to Finish.

Maximize Your Conference Experience

Update your profile

Review your profile, upload a picture and connect your social media accounts to personalize your presence.

Users

People tab

You can also engage with other attendees directly. Find a person in the attendee list to send a message and/or an invitation to a video chat.

Polling

Weigh in and seize the opportunity to benchmark with industry peers in real-time.

Use the Chat feature to engage with fellow attendees, speakers and sponsors.

Turn your camera on for roundtable sessions, networking events and video chats for a more engaging virtual connection.

Make Connections