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This seminar enhances understanding of the many details of multifaceted contract documents and focuses on developing skills for making a balanced and fair interpretation and enforcement which can result in reduced cost to the owner.

Course Outline
After participating in this course you will be able to do the following:
make professional judgements as you learn more about your role and responsibilities
consider contractor perceptions about interpretation and enforcement issues
apply your knowledge of the details and terminology of construction contracts
understand the role of the inspection authority
avoid claims caused by overly strict or untimely interpretation
recognize laxity in interpretation and its consequences


Ambiguous contract documents, improper interpretations, delayed decisions and wrongful enforcement are the occurrences that bedevil construction projects and result in owners not getting full value of their money and being stuck with costly construction claims. What happens when interpretation and/or enforcement is too strict or too lax? Is there a correct balance? This seminar enhances understanding of the many details of multifaceted contract documents and focuses on developing skills for making a balanced and fair interpretation and enforcement which can result in reduced cost to the owner.

• To teach construction team members their roles and responsibilities in contract interpretation and enforcement
• To enable owners to receive full value for their money and avoid unnecessary claims

Who Should Attend
Owners, contractors, engineers, architects, designers, project managers, operation managers, client service managers, and contract administrators who observe, review, or supervise construction contractor performance or otherwise administer construction contracts.

Program Outline

Stephen O. Revay, FCSC, CCC, CFCC
Michael MacKay, Barrister & Solicitor

Day I

8:00      Registration and Coffee

8:30      Welcome, Introduction, Workshop Preview, Learning Outcomes and the Assessment Method

8:45      Enforcement of Contracts
              Michael MacKay

            €¢ First principles
            €¢ Construction contracts
            €¢ Requirements of enforceable contracts
            €¢ What does enforcement mean €" what can the courts do for you?

10:00    Structure of Construction Contracts
              Michael MacKay
            €¢ Building contracts
            €¢ Types of building contracts - considered by payment structure, considered by project structure, traditional project structure,
               construction management, design/build
            €¢ Parts of a building contract €" the contract documents

10:20    Refreshments and Networking

10:40    Bids - Avoiding Interpretation and Enforcement Problems 
              Michael MacKay
            €¢ Introduction
            €¢ Contents of tender package
            €¢ Tendering contracts
            €¢ Enforcement (judicial oversight) of the tendering process
            €¢ Addenda
            €¢ Bid depository
            €¢ Bid bonds
            €¢ Fairness of contract package
            €¢ The "spectrum" of contract requirements
            €¢ Advantage of a prebid conference
            €¢ Pre-qualification
            €¢ Local preferences
            €¢ Bid evaluation - preventing ambiguities - technical evaluation (time, performance, monetary, environmental constraints), 
               financial evaluation

12:00    Lunch

1:00      Contract Project Administration
              Stephen O. Revay
            €¢ Parties to the process
            €¢ Different project delivery mechanisms
            €¢ Relation between the parties
            €¢ Responsibility, risk allocation and management
            €¢ Record Keeping
            €¢ Contract administration: the paper trail, co-ordination, negotiations, payments, changes, inspection/quality control, project close

2:15      Workshop 
              Stephen Revay

3:00      Refreshments and Networking

3:15      Best Practices for Managing Risk in Construction Contracts
              Stephen O. Revay
            €¢ What should an owner be on the lookout for?
            €¢ What should the contractor be aware of:  knowing rights and obligations
            €¢ What should the consultant be aware of
            €¢ Crucial factors to look for in effective contract administration 
            €¢ Top tips for managing risk in construction contracts

4:15      Open Forum - Questions and Answers

4:30      Adjournment

Day II

8:00      Claims by Contractor €" Claims by Owners
              Stephen O. Revay
            €¢ Restricted access/changed conditions - late and/or incomplete drawings or equipment, active interference with the contractor 
               means and methods constructive acceleration, termination and suspension
            €¢ Contractor walks off the job - delays completion €" liquidated damages
            €¢ Contractor finishes with deficiencies €" cost vs. diminished value claims against design consultants a developing trend

9:00      Communication 
              Stephen O. Revay
              As a medium to avoid claims, to present claims and getting email under control

10:15    Refreshments and Networking

10:30    Interpretation and Enforcement of Change Requests and Claims
              Pricing the Changes - Process of Effecting Changes

            €¢ Introduction
            €¢ Factors affecting pricing of changes
            €¢ Extras and changes
            €¢ Changes in work
            €¢ Resolving disagreements on changes
            €¢ Payment for extras and changes: resolving disputes

12:00    Lunch
1:00      Interpretation of Contract Language by the Courts
              Michael MacKay

            €¢ Ambiguity
            €¢ Exclusion and limitation of liability
            €¢ Notice requirements
            €¢ Some one-sided contract provisions
            €¢ Changes
            €¢ Meaning of coordination requirement
            €¢ Concealed/subsurface conditions
            €¢ Disclaimer clause
            €¢ Meaning of a site investigation requirement
            €¢ Delay claims
            €¢ Enforcement of contractual time provisions
            €¢ Real meaning of a no-damage-for-delay clause 
            €¢ Penalty and liquidated damages clauses

3:00      Refreshments and Networking

3:15      Workshop 
              Michael Mackay

4:15      Open Forum - Questions and Answers

4:30      Adjournment


8:00      Bonding
              Michael MacKay

            €¢ The surety€(TM)s role on a project
            €¢ The bonding industry
            €¢ The surety/principal relationship, or why the surety acts the way it does
            €¢ The general format of bonds
            €¢ Bid bonds
            €¢ Purpose of a bid bond
            €¢ Effectiveness of a bid bond
            €¢ Collecting a bid bond
            €¢ Performance bonds
            €¢ The surety€(TM)s obligations under a performance bond
            €¢ Calling on a performance bond €" how and when
            €¢ Surety€(TM)s response -- effectiveness of a performance bond
            €¢ Labour and material payment bonds €" purpose and enforcement

8:45      Insurance
              Michael MacKay

            €¢ Insurance requirements of the contract
            €¢ What is covered and what is not
            €¢ Key issues in enforcing insurance rights and requirements

9:15      Open Forum - Questions and Answers

9:30      Refreshments and Networking

9:45      Damage Quantification
              Stephen O. Revay

            €¢ Pros and cons regarding the various means of quantifying cost
            €¢ Direct and indirect cost / Equipment ownership
            €¢ The failings of the total cost approach

10:30    Quantification Workshop

12:00    Lunch

1:00      Understanding Delay and Productivity Claims
              Stephen O. Revay
            €¢ Types of delay - means and methods of analysing delay
               Factors which affect productivity, discussion on different methods of calculating  productivity claims, i.e. differential cost
               method/measured mile approach - estimated  cost/industry charts

2:30      Workshop

3:15      Refreshments and Networking

3:30      Dispute Resolution
              Strengths and weakness of alternate strategies such as negotiation €" partnering -  mediation €" project neutral - arbitration - litigation.
              Discussion on available strategies  during and after construction is complete. Controlling costs and advisors whilst in the  process of 
              resolving disputes

4:30      Questions and Answers and Feedback to Participants on Achievement of Learning Outcomes

Michael MacKay
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€(TM)s construction law section€(TM)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.

Steve Revay

Stephen Revay, FCSC, CCC, CFCC has been active for the past 35 years in the analysis of progress, productivity and cost on numerous construction projects. He has prepared or evaluated productivity and/or schedule analyses, including quantification of claims on construction projects throughout Canada, in the United States, the Middle East, Asia and South America. He has been qualified as an expert witness in both litigation and arbitration. He has
been appointed as the Project Neutral on a $2 billion industrial project. He has acted as both a mediator and as arbitrator on different disputes. Mr. Revay has authored articles for various construction periodicals and conducted
numerous seminars on construction disputes to owners and contractors alike. He frequently presents at in-house seminars and is a guest lecturer at the University of Calgary. He is a Past President of Construction Specifications Canada. Steve was also President of AACE® (Association for the Advancement of Cost Engineers International) an association of over 7,500 project control professionals from June 2010 to June 2011.

Prerequisites & Certificates

Certificates offered

2.1 CEUs / 21 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.
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Here are some reviews of the training vendor.
The course was very well presented and the course instructor was absolutely amazing.
Reviewed by 2013
Our instructor, Stephen Lamming, was outstanding and a true expert in his field. He was able to complement the technical air monitoring information with practical real life examples which was highly beneficial. He is an excellent communicator and was highly interactive with the course attendees. This course was recommended to me because Stephen Lamming does an outstanding job. I was very impressed with this course and have subsequently recommended it to my colleagues.
Reviewed by 2012
Would have liked more interactive problem solving.
Reviewed by 2011

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