Construction Law 2021

Course Date: October 15, 2021

Full Course Materials
Total: 5h 58min
Total Ethics: 1h

Welcome and Land Acknowledgement (9:00 – 9:10)

Elder George Harris Stz'uminus First Nation

John S. Logan, QCJenkins Marzban Logan LLP, Vancouver
Douglas R. SandersBorden Ladner Gervais LLP, Vancouver

Regulatory and Indigenous Issues (9:10 – 9:45)

  • update on provincial legislation, including Declaration on the Rights of Indigenous Peoples Act and Environmental Assessment Act
  • implications for the construction industry
  • managing Indigenous contracting preferences

Sam AdkinsBlake, Cassels & Graydon LLP, Vancouver

Advising Clients on Common Issues During the Project (9:45 – 10:30)

  • understanding the contract(s)
  • communications and relationship management
  • submittal review
  • dealing with changes
  • dealing with delays
  • dealing with claims and CLAIMS
  • the big picture—strategic advice

Christopher W. EaglesBorden Ladner Gervais LLP, Vancouver
Douglas R. SandersBorden Ladner Gervais LLP, Vancouver

BREAK (10:30 – 10:40)

Tendering Update (10:40 – 11:25)

  • basic principles you need to know
  • recent developments in the law
  • practical tips for drafters of tenders/RFPs
  • the common issues that arise—and how to solve them

Alim KhamisDentons Canada LLP, Vancouver
Karen Martin, QCDentons Canada LLP, Vancouver 

BREAK (11:25 – 11:35)

Clauses that Really Matter (11:35 – 12:20)

  • identifying and reviewing the clauses that really matter
  • persons, price, property, time
  • clauses that are argued about, but are rarely used
  • what matters to owners, consultants, contractors, subcontractors

David W. LittleBennett Jones LLP, Vancouver
Douglas R. Sanders
Borden Ladner Gervais LLP, Vancouver
Jade ScrymgeourBennett Jones LLP, Vancouver

LUNCH (12:20 – 1:00)

Delay Claims (1:00 – 1:45)

Christopher J. MooreMcLean & Armstrong LLP, West Vancouver
Michael PrestonMcLean & Armstrong LLP, West Vancouver

BREAK (1:45 – 1:55)

Due Diligence and Getting Paid (1:55 – 2:40)

  • notice: the importance of providing early notice of potential claims, and paying attention to contractual terms
  • document production: pro-active steps to help get your client's (document) house in order
  • lien claims: critical considerations, highlights
  • consider bonds: a labour and material payment bond may be a route to recovery—helpful take-aways

Stephanie StreatSynthesis Legal, Port Moody

BREAK (2:40– 2:50)

Dispute Resolution Do's and Don't's (2:50 – 3:35)

  • negotiation
  • consultant decision
  • mediation
  • referee/expert decision
  • arbitration
  • litigation

John S. Logan, QCJenkins Marzban Logan LLP, Vancouver
Vanessa S. WerdenJenkins Marzban Logan LLP, Vancouver

BREAK (3:35– 3:45)

Ethical Quandaries (3:45 – 4:30)

  • instructing experts on retention of drafts of expert report
  • failure to disclose to the tribunal binding case authority that the lawyer considers to be directly on point and that has not been mentioned by another party; Code of Professional Conduct 5.1-2
  • what can be said by counsel to a mediator during a private meeting (without the client representative present) and pressuring one's client in mediation
  • litigation counsel giving settlement advice—the litigator's view on whether they want it to go to trial (personal conflicts)
  • acting for multiple plaintiffs against same defendant where the defendant is insolvent (e.g., acting for multiple lien claimants on the same project if the pot is too small)
  • is your client representative at the mediation truly authorized to approve a settlement?
  • what to do when a client makes a comment that could be perceived as harassment, racist/sexist, discriminatory, etc.

Moderators: John S. Logan, QCJenkins Marzban Logan LLP, Vancouver
Douglas R. SandersBorden Ladner Gervais LLP, Vancouver

Brian M. Samuels, QCSamuels & Company, Vancouver