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 Construction Project Risk Management From A Legal Perspective

Speaker Presentation
4/23/2013 8:30 AM
4/23/2013 5:00 PM
The Ontario Heritage Building – Gallery Room – 10 Adelaide Street East; Toronto |

Government Relations Committee Education Session

Tuesday, April 23, 2013

"Construction Project Risk Management From A Legal Perspective"
Session Overview
Construction projects are often complex; they present significant obligations and risks to all stakeholders. Understanding the potential exposures to liability is essential to effective project risk management. This course will provide an overview of the significant legal risks that exist within the various phases of construction projects including the planning and contract design, procurement, construction, commissioning, handover, closeout and operational phases. Case law drawn from Ontario will be used to demonstrate significant legal risks that impact construction projects and the techniques to mitigate these risks.
This course will be led by subject matter experts from WeirFoulds LLP which has consistently been ranked in the Canadian Lawyer top 10 of central Canada's leading regional law firms.  The course content will appeal to internal auditors, buyer, project managers and lawyers.
Glen Ackerley
Glenn practises exclusively in the area of construction law. He represents clients from across the construction industry in a variety of construction-related matters. He is regularly consulted about negotiating and preparing construction and consultant contracts, procurement and tendering issues, and risk avoidance strategies. When disputes arise, Glenn acts for clients in the ICI sector in construction lien and trust claims, bond claims, and construction delay and deficiency claims.
Glenn is active in the industry, participating on boards, committees and working groups to support the industry. He is a Past Chairman of the Board of the Toronto Construction Association and is on the Board of the Canadian Construction Association. He is a past member of the Executive of the Construction Section of the Ontario Bar Association, and sits on its Construction Association Liaison committee. Glenn is a member of the Council of Ontario Construction Associations' Lien Act Subcommittee, and has participated in the Ministry of Health/Ontario General Contractors Association Task Force on standard bidding and construction documents.
He developed and taught the Construction Law course at the Department of Architectural Science of Ryerson University for many years. The course covered a range of issues, including contract and negligence law, tendering, construction liens, damages and dispute resolution. He has written several published articles and given presentations on legal topics to both industry and legal groups such as seminars at the Ontario General Contractors Association’s Symposium.
Appreciating the important role played by alternative dispute resolution, Glenn has trained and gained experience in both mediation and arbitration, acting as counsel, mediator and arbitrator. Glenn is a roster member of Tarion’s Builder’s Arbitration Forum and member of the construction section, ADR Institute of Ontario.
Glenn is a Fellow of the Canadian College of Construction Lawyers.

Michael Swartz
Michael represents clients from across Ontario in his construction law practice. He is involved in every facet of the construction industry, including strategy development – from project inception to completion. He is experienced in structuring tendering and contract documents related to all aspects of development. Michael's practical and time-saving advice has resolved wide-ranging issues arising from procurement and contract disputes and lien, trust and delay claims.
Michael appears frequently before various boards, tribunals and courts, including the Ontario and Superior Courts of Justice, the Ontario Court of Appeal and the Federal Court of Canada. He also speaks regularly to various associations and groups on topical issues concerning the construction industry. He provides clients with timely and relative updates on court cases, decisions and statute changes. Michael has taught Construction Law courses for the Ontario General Contractors Association and George Brown College since 2006.
Detailed Course Outline
Overview of Construction Project Phases:
  • Planning and Project Delivery
  • Procurement
  • Construction
  • Claims and Disputes
  • Handover and Closeout
  • Operations during and after Warranty Period

Typical Disputes & Techniques to Avoid them will be discussed during the Project Phases:

  • Changes in scope
    – Change Orders and Change Directives
    – Approval & Payment
  • Deficiencies
  • Delay and Impact Claims
    – Unforeseen Circumstances
    – Owner-caused
    – Contractor-caused
  • Insolvency issues

1.  Planning and Project Delivery

Managing and Transferring Risk in Construction Contracts

  • Types of Contracts
  • Inherent Risks in Contracts
  • Occupational Health and Safety Issues
  • Risk Transfer Techniques

Bonding, Sureties and Insurance

  • Principles of Surety Bonding
  • Claiming under Surety Bonds
  • Principles of Insurance
  • Subcontractor Default Insurance
  • Insurance Claims

2.  Procurement

Bidding and Tendering: Strategies for Minimizing Risk

  • Basic Principles in Bidding & Tendering
  • Risks and Strategies to Manage Them

3. Construction

Contract Management

  • Contractor’s Responsibilities
  • Owner’s Responsibilities

Project Management

  • Management of Schedule Risks
  • Management of Scope Risks
  • Management of Budget Risks
  • Management of Quality Risks

Deficiency Management

  • Documentation of Deficiencies
  • Holdbacks for Deficiencies

4. Liens and Trusts and Dispute Resolution

Liens and Trusts

  • Overview of Construction Liens and Trusts
  • Substantial Performance
  • Release of Holdback

Disputes Resolution

  • Delay and Impact Claims
  • Mediation
  • Arbitration
  • Litigation

5. Handover and Closeout

  • Documentation Management
  • Lessons Learned for Next Projects

6. Operations

  • Quality Issues during Warranty Period
  • Quality Issues after Warranty Period
  • Limitations Act issues for future defects



As space is limited, please pre-register by calling or emailing the IIA Toronto Chapter Office. Late registrations may not be accommodated due to space limitations. Substitutions are welcome.
To register online, please visit the event website:
Phone: 416-223-5326
Fax: 905-508-2790
Breakfast and lunch will be provided.
Members - $125 (plus HST) / Non-Members - $175 (plus HST)
Please Note: There is a cancellation policy in effect.
CPE: 8.5 credits