This seminar focuses on processing and monitoring payments on construction projects in the interest of smooth execution.
- Course Outline
After participating in this course, you will be able to:
- Use strategies learnt in the course to minimize the risk of construction liens
- Perform with a better understanding of your legal responsibilities if and when liens arise
- Resolve construction liens promptly and economically
- Apply the steps learnt at the course to protect the construction project when construction liens arise
Owners want progress and completion in exchange for progress payments. On the other hand, contractors want regular payments and an uninterrupted project execution. None of them want any problem with the Construction Lien Act, trust funds, and bonds. Consultants and financiers, the other two stakeholders in projects, also want projects flowing smoothly from start to completion. This seminar focuses on processing and monitoring payments on construction projects in the interest of smooth execution.Objectives
To enhance awareness of those associated with the construction process of their responsibilities, legal rights and liabilities so they can minimize risk and increase protection to construction projects from devastating interruptions.Who Should Attend
Owners, developers, consultants, project and construction managers, supervisors, engineers, lawyers, and construction consultants with responsibility for large residential, commercial, industrial or institutional projects and those who are concerned about possible defaults on their project.Program Outline
8:00 Registration and Coffee
8:30 Welcome, Introduction, Workshop Preview, Learning Outcomes and the Assessment Method
9:00 Overview - The Lien
- What is a lien?
- How and when does a lien arise?
- Who can register a lien?
- What can be liened and what can't?
Enforcing the lien - time limits and procedures
10:30 Refreshments and Networking
10:45 The Owner's Obligations
- Who is an owner?
- Special cases - the Crown and others
- The lien funds, and the owner's responsibility
- The significance of substantial performance
- What to do if a lien is registered
- Avoiding and minimizing disputes
- Keeping the project on track despite liens
The owner's rights against lien claimants and other claimants to the lien fund
1:00 Workshop - Case Study - The Project from Hell
- The class will work through a hypothetical construction project subjected to a number of builders' liens, to see the practical nature and extent of the rights and obligations the Builders' Lien Act creates
2:00 The Role and Obligations of a Payment Certifier
- Estimating percentage of work completed
- Certification of substantial performance
Liability for miscalculation
2:30 Refreshments and Networking
2:45 Trust Obligations
- What is a trust, and how do trust rights help?
- When do trust funds come into existence under the Construction Lien Act?
- Who is responsible for the trust funds?
How are trust obligations discharged?
- The role of the bonding company
- Performance bonds
- Labour and material payment bonds
- The synergy of bonds and liens in an insolvency situation
- Open forum for questions
Questions and Answers and Feedback to Participants on Achievement of Learning OutcomesFaculty
4:30 Concluding Remarks and Final Adjournment
Michael MacKay has been practicing law in Toronto for over 20 years, the last 18 almost exclusively in the field of construction law, and the last 13 at his own firm. He was a member of the Ontario Bar Association's Construction Law Section's Executive Committee from 1993 to 2009, and for most of that time co-edited its newsletter "Nuts & Bolts". He is a contributing editior to the Construction Law Letter, where his articles regularly appear. For the last 13 years, he has travelled across Canada to talk on construction law topics - including a complete construction law course for EPIC.
- Prerequisites & Certificates
0.6 CEU / 6 PDH
- 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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