Foundations of Construction Law

Actual case examples will be discussed explaining contract performance, how to resolve construction disputes, how to prepare for a litigation case & the bidding process. This course covers legal issues from the formation of the contract to the final...

Course Outline

After Participating In This Course You Will Be Able To:
• Examine claims arising from construction
• Study in detail the roles and obligations of contractor/consultant/owner
• Learn to protect yourself in construction contracts
• Understand special risk and liability issues
• Build on your knowledge of tendering on construction projects
• Find out the type of contract that best suits your needs Description

Today’s competitive and complex construction industry requires careful consideration in the formation of the construction contract.  We all want the work, but are the contracts equitable? Are the specifications and timetable feasible? What is your liability exposure?

Properly prepared contractors, subcontractors, architects, engineers, and developers can avoid anticipated liability, reduce performance disputes and receive payment for work performed.  In this course you focus on practical solutions for today’s construction problems.   Relying on years of experience, the instructor will illustrate what you should look for in a contract, exposures to avoid, and ways to protect yourself should a dispute arise.

Actual case examples will be discussed explaining contract performance, how to resolve construction disputes, how to prepare for a litigation case, and the bidding process.

This course covers legal issues from the formation of the contract to the final payment, and is designed to assist construction professionals, and their lawyers in day‑to‑day business activities.

Objective

To give a broad overview of legal problems encountered by construction professionals in the industry.

Who Should Attend

Contractors, subcontractors, lawyers, architects, engineers, owners, developers, suppliers, lenders, liability insurers and brokers.  This course is also recommended for lawyers who want to develop expertise in the field of Construction Contract Law.  This course is of interest to municipal, provincial, and federal agencies that engage contractors for public contracts.

Faculty:  Michael MacKay, Barrister & Solicitor

Program Outline
Day I

Registration And Coffee

Welcome And Introduction

The Canadian Legal System
• Where does the law come from?
   - The government - statutes and regulations
   - The common law: History, Stare decisis and precedent
• Branches of the law
   - Contract law
   - Tort law
   - Administrative law
• Procedure in lawsuits

Basic Contract Law
• Basic principles
• What is a contract?
• Enforceability
  - Consideration
  - Offer and acceptance
  - Written versus oral contracts
• Principals of interpretation
  - Ordinary meaning
  - Whole contract
  - Contra proferentum
  - Implied terms
• Damages
  - Calculation of damages
  - Duty to mitigate

Construction Bidding And Tendering - Legal And Practical Dos And Don’ts
• The tendering process
• The contractor’s obligations to the owner: The Ron Engineering revolution
• Obligations of the owner to contractors: M.J.B. Enterprises, Martel Building, and Double N Earth Movers
• Subcontractor’s obligations to the contractor
• Contractor’s obligations to subcontractors: Naylor v. Ellis-Don

Types Of Construction Contracts
• Fixed price
• Cost plus
• Unit Price
• Construction management
• Design/Build

Changes And Extras
• Payment provisions
• Scope of work
• Changes clauses
• Extras

Allocation Of Risk Clauses
• Exclusionary Clauses
• Warranty and Limitation periods
• Delay
• Liquidated Damages

Hidden Risks
• Concealed or unknown conditions
• Toxic or hazardous substances

Adjournment

Day II

Construction Claims Procedure
• Notice requirements
• Dispute resolution provisions

Liens - One Of Your Risks On Construction Projects
• Rights under the Lien Act
• Obligations of Owners
   - Holdback
• Procedure in Lien Actions - How To

Bonds - What Risks Do They Cover And To What Extent
• The parties - principal, surety, and obligee
   - The business of bonding
   - Bonding versus insurance
• Types of bonds
  - Bid bonds
  - Performance bonds
  - Labour and material payment bonds

Construction Torts
• Insurance
  - Construction Torts
  - Contractor’s obligations to the owner/purchaser: Winnipeg
  - Condominium Corporation v. Bird Construction
• Consultant’s Obligations to the Contractor: Edgeworth v. N.D. Lea
• The risk of personal liability

 Architects And Engineers
• Obligations to the owner
• Liability to the contractor
• Role in the bidding process
• Role in contract interpretation and dispute resolution
• Payment certification

Taking Care Of Your People
• Occupational health and safety
• Worker’s compensation
• Employment law
  - Union
  - Non-union

Open Forum

Concluding Remarks And Final Adjournment

There will be a one-hour lunch break each day in addition to a refreshment and networking break during each morning and afternoon session.

Daily Schedule:
8:00         Registration (day one only)
8:30         Session begins
4:30         Adjournment

Faculty:

Michael MacKay is a Toronto lawyer.  He was called to the bar in 1989, and since 1991 has practiced almost exclusively in the field of construction law, the last twelve years at his own firm.  He has been a member of the Executive of the Construction Law Section of the Ontario Bar Association since 1993, and for the last several years co-edited the section’s newsletter Nuts & Bolts.  He writes extensively on construction law topics, and is a regular contributor to the Construction Law Letter.  For the last twelve years, he has travelled throughout Canada to deliver seminars on construction law topics – including a complete construction law course for EPIC.

Additional Details

Pre-Requisites

Certificates offered

1.2 CEUs / 12 PDHs

Cancellation Policy

To withdraw from a course, you must send a request, in writing, with the official receipt to our office. Fifteen or more business days in advance: full refund less $50.00 administration charge. Five to fifteen business days in advance: non-refundable credit of equal value for any future EPIC seminar within one year. Credits are transferable within your organization. In case of an unexpected event occurring after this time, you may send someone else to take your place without any additional cost.

Map & Reviews

EPIC Educational Program Innovations Center
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Would have liked more interactive problem solving.

Reviewed by Allen A. 2011