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 do the following:
¢ minimize the risk of construction liens
¢ understand your legal responsibilities in the event that liens arise
¢ resolve construction liens promptly and economically
¢ protect the project when construction liens arise
This seminar focuses on processing and monitoring payments for construction projects in the interest of smooth execution. Participants will learn about the responsibilities, legal rights, and liabilities of owners, who want progress and completion in exchange for progress payments; contractors, who want regular payments and uninterrupted project execution; and, consultants and financiers, who want projects to flow smoothly from start to completion.
The seminar provides the knowledge needed to avoid problems associated with the Construction Lien Act, trust funds, and bonds.
To enhance awareness of responsibilities during the construction process in order to minimize risk and protect projects from 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 projects.
Faculty: Michael MacKay, Barrister & SolicitorProgram 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 construction liens, to see the
practical nature and extent of the rights and obligations the Construction 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
4:20 Questions and Answers and Feedback to Participants on Achievement of Learning Outcomes
4:30 Concluding Remarks and Adjournment
Michael MacKay has practiced law in Toronto for over 21 years, of which the last 19 were spent almost exclusively in the field of construction law and the last 14 at his own firm. Mr. MacKay 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 now a frequent contributor to the Construction Law Letter. For the last 14 years, he has travelled across Canada to talk on construction law topics, including a complete construction law course for EPIC.
- Prerequisites & Certificates
0.7 CEU / 7 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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