15th Annual Conference on Managing Risk in Construction Contracts & Projects - WEB

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

Legal Counsel, Graymont

An essential guide for construction lawyers and industry professionals

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.

The Canadian Institute’s 15th Annual Managing Risk in Construction Contracts & Projects – Western Canada Edition has been specifically designed to provide project owners, managers, and builders with practical strategies to reduce risk and effectively manage project contracts amid uncertainties.

With critical challenges arising from pending changes to Alberta’s construction law and the legal ramifications of supply chain disruption and price escalation due to geopolitical factors such as the pandemic and the war in Ukraine, it’s essential to know how to keep your project moving and avoid costly claims and litigation.

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 issues impacting Western Canada’s construction professionals.

Highlights from this year’s agenda include:

 Alberta’s construction law reforms and how this will impact your daily practice

 Examining the risk, cost, and performance certainty of traditional and collaborative delivery models

 Essential understanding of Builders’ Liens and pitfalls to avoid

 Indigenous partnerships and construction projects – legal and practical considerations

 Building a new standard of construction safety

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

Media Partner:

SPE AKER FACULTY

Co-Chairs

Leanna Olson

Senior Legal Counsel

Bantrel Co

Paul Ryzuk Partner

Miller Thomson LLP

Keynotes

Nathan Neudorf

Minister of Infrastructure Government of Alberta

Barrie Marshall Director

ADR Institute of Alberta

Speakers

Glen Anderson

VP Finance & Commercial Risk PCL Construction

Prabhjit (Prabh) K. Banga Director, Sustainability

AECON Group Inc

Glenn Cyrankiewicz

Chief Executive Officer, Principal Delnor Construction

Legal Accreditation

EARN CPD CREDITS

Bert DeBruin, CME

CEO, Business Development

AltaPro Electric Ltd

Bill Ferreira

Executive Director BuildForce Canada

Matthew Foss

VP, Research & Public Policy Canadian Council for Aboriginal Business

Byng Giraud

President

Sedgwick Strategies Inc

Terri Gosine

Director Integrated Infrastructure Services

Edmonton Public School Board

Jennifer Hancock

VP Collaborative Construction Chandos Construction

Colin Hasick, CRM

Vice President, Construction Team Leader – Corporate Marsh Canada Limited

Shaun W. Holman

Partner Rose LLP

Ryan Jolly

Manager, Project Excellence TC Energy

William Kenney

Barrister & Solicitor Kenney Law

Seema Lal Partner

Clyde & Co Canada LLP

Brian Maksymetz President

Better-Projects.ca

Terry Milot Executive Vice-President Chemco Electrical Contractors

Ifeoma M. Okoye Partner

Ackroyd LLP

Terry Parker

Executive Director Building Trades of Alberta

Dennis Picco Partner Dentons LLP

Tristen Pomerance Legal Counsel Graham

Sharon G.K. Singh

Co-Head, Aboriginal Law Practice Bennett Jones LLP

Robby Sohi

Senior Counsel EllisDon

Christopher Spasoff

Founder & OH&S Lawyer F2 Legal Counsel

Craig Webber

Architect and President Integrated Project Delivery Alliance

Bryan West Partner McCarthy Tetrault LLP

Brent Willett

Interim President & CEO Supply Chain Canada, Alberta Institute

Adrianna Worman Lawyer Goodfellow & Schuettlaw

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

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.

DAY ONE January 25, 2023

8:00am Registration and Breakfast

9:00am

Opening Remarks from the Co-Chairs

microphone-alt Leanna Olson, Senior Legal Counsel, Bantrel Co.

Paul Ryzuk, Partner, Miller Thomson LLP

9:15am

Keynote

microphone-alt Nathan Neudorf, Minister of Infrastructure, Government of Alberta

9:45am

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

microphone-alt Bryan West, Partner, McCarthy Tetrault LLP

Robby Sohi, Senior Counsel, EllisDon

Brent Willett, Interim President & CEO, Supply Chain Canada, Alberta Institute

The COVID-19 pandemic and the war in Ukraine have caused significant disruptions to supply chains and have raised required spend in an unprecedented manner. With the future still uncertain, solicitors, 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

• Lessons learned from recent case law on the issues of supply chain disruption and price escalation

» Considering strategies to argue entitlement and applicable laws

• Extrapolating the lessons learned for future planning

10:45am Networking Break

11:15am

Project Delivery Model (IPD) and collaborative 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 Integrated Project Delivery and Collaborative contracts

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

» Analyzing the pros and cons of each to determine which projects are right for a collaborative delivery model

• Understanding how the front end work that should be completed prior to entering into the contract can significantly mitigate future risks

12:15pm Networking Lunch

1:30 pm

Mitigating Health and Safety Risks:

Building a New Standard of Construction Safety

microphone-alt Christopher Spasoff, Founder & OH&S Lawyer, F2 Legal Counsel

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 so improving health and safety on the construction site should remain a top focus for the industry. Moreover, since sweeping changes to Alberta’s occupational and health and safety legislation came into force on December 1, 2021, this timely session will review the changes applicable to the construction industry. Topics of discussion will include:

• Understanding the reporting obligations under the updated Occupational Health and Safety Code

• Appreciating the benefits of providing training to employees and how to develop a health and safety program

» Learning the benefits of obtaining COR and SECOR

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

• Avoiding the risk of liability by knowing when the prime contractor must be present on site, and when they can delegate responsibility

2:30pm Networking Break

3:00pm

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

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

Moving

Towards Collaborative Delivery Models: A Shift in How Construction Does Business

microphone-alt Jennifer Hancock, VP Collaborative Construction, Chandos Construction

Brian Maksymetz, President, Better-Projects.ca

Craig Webber, Architect and President, Integrated Project Delivery Alliance

Ryan Jolly, Manager, Project Excellence, TC Energy

Selecting the right construction contract model for a particular project can be the difference between harmony and discord among project participants. More importantly, it can be 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

ESG is more than just a buzzword – capital assets in Alberta 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 can help maximize ESG goal setting and reporting to become industry leaders.

• 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

twitter: @CI_Conferences linkedin: The Canadian Public Infrastructure Network

4:00pm

Addressing Diverse and Evolving Needs: Developing and Maximizing Indigenous Partnerships

microphone-alt Ifeoma M. Okoye, Partner, Ackroyd LLP

Matthew

Foss, VP, Research & Public

Policy, Canadian Council for Aboriginal Business

Sharon G.K. Singh, Co-Head, Aboriginal Law Practice, Bennett Jones

Byng Giraud, President, Sedgwick Strategies Inc

LLP

The concept of “going it alone” on major capital projects is undesirable and, in many cases, financially infeasible. Leveraging the wide range of expertise, knowledge, and infrastructure from Indigenous partners across sectors encourages innovation and appropriate risk sharing, ultimately leading to better outcomes. Moreover, owners and service providers are increasingly requiring collaboration with Indigenous peoples. In this session, topics of discussion will include:

• Going beyond consultation and towards collaboration, including joint ventures and other economic participation opportunities

» Building and nurturing Indigenous relationships to optimize construction opportunities

• Reviewing the provincial and federal grants available to Indigenous-owned construction projects and companies

• Protecting yourself through a review of the lesser-known legal obligations for construction projects on Indigenous land

6:00pm Conference Adjourns

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DAY TWO JANUARY 26, 2023

8:00am Registration and Breakfast

9:00am

Opening Remarks from the Co-Chairs

9:15am

Keynote

microphone-alt Barrie Marshall, Director, ADR Institute of Alberta

9:45am

Six Months into a New Era: Status Update on Alberta’s Prompt Payment and Adjudication Legislation

microphone-alt Shaun W. Hohman, Partner, Rose LLP

William Kenney, Barrister & Solicitor, Kenney Law

Terry Milot, Executive Vice-President, Chemco Electrical Contractors

In August 2022, the long awaited Prompt Payment and Construction Lien Forms Regulation and a Prompt Payment and Adjudication Regulation came into force. The new regime was based off the scheme implemented several years ago in Ontario. Six months in, how is this regime being used, and what is the industry response? In this session, topics of discussion will include:

• Reviewing the timelines and features of the prompt payment regime

• Understanding what types of claims may be eligible for adjudication

• Navigating the growing pains of having some contracts fall under the new regime and older contracts not eligible for the regime

• Lessons learned from Ontario (but maybe by Jan there will be enough within AB to learn from, so revisit this)

• Comparing adjudication to other forms of dispute resolution and how it works with other dispute resolution mechanisms in the contract

10:45am Networking Break

11:15am

Successfully

Litigating Delay and Impact Claims

microphone-alt Adrianna Worman, Lawyer, Goodfellow & Schuettlaw

Tristen Pomerance, Legal Counsel, Graham

Disputes over delays can threaten the viability of your project while causing financial and reputational harm should your organization be found liable. Whether you are an owner or a contractor, a plaintiff or a defendant, equip yourself with the knowledge needed to effectively present or defend such a claim. Topics will include:

• Establishing the causes of delay and corresponding responsibility

• Proving legal entitlement to compensation

• Identifying recoverable losses

• Discerning the limits to liability imposed by the prevention principle

• Contractual terms to consider: notice, changes, liquidated damages, liability caps and exclusions

• How to best employ delay and quantification experts

12:15pm Networking Lunch

1:30pm

Construction Insurance: Going Beyond the Basics to Maximize Protection

microphone-alt Colin Hasick, CRM, Vice President, Construction Team Leader – Corporate, Marsh Canada Limited

Glen Anderson, VP Finance & Commercial Risk, PCL Construction

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, limitations of liability and waiver of subrogation

• 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

2:30pm Networking Break

hands-helping BECOME A SPONSOR

3:00pm

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

microphone-alt

Services, Edmonton Public School Board

Glenn Cyrankiewicz, Chief Executive Officer, Principal, Delnor Construction

Bert DeBruin, CME, CEO, Business Development, AltaPro Electric Ltd

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 exclusion clauses and your rights when the owner breaches their obligation of fairness

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

4:00pm

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

microphone-alt Terry Parker, Executive Director, Building Trades of Alberta

Bill Ferreira, Executive Director, BuildForce Canada Seema Lal, Partner, Clyde & Co Canada LLP

The shortage of skilled labour in construction is a pressing concern to the industry and to the economic well-being of Alberta and Canada as a whole. Ongoing challenges include attracting the younger demographic to trades, and the aging demographic in construction may be missing the skills needed to keep pace with the increased use of technology in traditional industries. Indeed, satisfying a community benefit quota with untrained but eligible workers is setting yourself up for failure. 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

Dennis L. Picco, Partner, Dentons LLP

Terri Gosine, Director Integrated Infrastructure

American Conference Institute, The Canadian Institute,

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Leanna

Paul