CLEBC - Courses On Demand

Construction Law 2024

Course Date: October 8, 2024

Full Course Materials

Total: 5h 56min

Total Ethics: 1h 5min

Course Introduction and Land Acknowledgement (9:00 – 9:10)

Teresa Sheward — Program Lawyer, CLEBC, Vancouver
John S. Logan, KC — Jenkins Marzban Logan LLP, Vancouver
Douglas R. Sanders — Borden Ladner Gervais LLP, Vancouver

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

Indigenous and regulatory context relevant to the construction industry, including the Declaration on the Rights of Indigenous Peoples Act
Indigenous contracting preferences
partnerships with Indigenous groups

Sam Adkins — Blake, 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
considerations around termination: is termination the right path?

Christopher W. Eagles — Borden Ladner Gervais LLP, Vancouver
Douglas R. Sanders — Borden Ladner Gervais LLP, Vancouver

BREAK (10:30 – 10:45)

Tendering Update (10:45 – 11:30)

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

Morgan L. Burris — Dentons Canada LLP, Vancouver
Karen Martin, KC — Dentons Canada LLP, Vancouver

Clauses that Really Matter (11:30 – 12:15)

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

Jade Scrymgeour — Miller Thomson LLP, Vancouver

LUNCH (12:15 – 1:00)

Delay Claims (1:00 – 1:45)

what is delay?
delay in contract
building a delay claim: how to involve experts
building a delay claim
project scheduling
judicial consideration of delay

Christopher J. Moore — McLean & Armstrong LLP, West Vancouver
Mark Robinson — McLean & Armstrong LLP, West Vancouver

A Closer Look at Builders' Liens: Recent Issues and Case Law (1:45 – 2:30)

recent case law developments
practical tips: filing and enforcement
a look at alternate security
holdbacks
arbitration

Stephanie Streat — Synthesis Legal, Port Moody

BREAK (2:30– 2:40)

Dispute Resolution Do's and Don't's (2:40 – 3:25)

negotiation and mediation
- understand and set expectations
- get the timing right
- don't assume all of the parties understand the details
referee/expert decision
- set the process up for success
- use it as an opportunity to get organized, and identify gaps in the evidence and potential counter arguments
arbitration
- take control of the process
- don't underestimate the value of the first procedural conference
- get creative
litigation
- don't underestimate the value of a case plan order
- set the trial date early

John S. Logan, KC — Jenkins Marzban Logan LLP, Vancouver

Vanessa S. Werden — Jenkins Marzban Logan LLP, Vancouver

Ethical Quandaries (3:25 – 4:15)

expediting government permits on a foreign project, by relying on a foreign agent who does not disclose how this will be accomplished
breach of undertaking by opposing counsel—if and when to report
instructing experts on retention of drafts of expert report
what can be said to a mediator during a private meeting (without the client present), and pressuring one's client in mediation
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)
offensive client comments—how to deal with them
client instructions to pursue a bad case
failure to disclose to the tribunal a strong argument against you

John S. Logan, KC — Jenkins Marzban Logan LLP, Vancouver
Douglas R. Sanders — Borden Ladner Gervais LLP, Vancouver
Brian M. Samuels, KC — Samuels & Company, Vancouver