Construction Projects in 2023: Confronting the Challenges
October 3, 2023 at 9:00AM PST
Downtown Vancouver and Live Webinar
Construction Projects in 2023: Confronting the Challenges
October 3, 2023
Overview
The landscape of the construction industry is always evolving, and construction lawyers and professionals must be informed about global circumstances and challenges that may impact projects to ensure their success.
Featuring industry leaders and experienced professionals with in-depth knowledge of some of the most significant changes and challenges underway today, this program will equip you with tools to face and respond to these disruptions to reduce and address problems arising throughout the construction process. Attendees will come away with essential tools and strategies to take advantage of the opportunities in this evolving market.
Key Areas Addressed:
Issues affecting contractors and owners in the current market
Collaborative contract models
Consequential damages
Working with Indigenous parties in construction projects
The essentials on builders’ liens, the duty of good faith, and arbitration
Who Should Attend:
Lawyers
Construction and development company owners and C-suite officers
Construction managers, contractors, subcontractors, and suppliers
Project control managers, prime contract managers and claims consultants
Designers, engineers and architects
Construction insurers and risk managers
Agenda
9:00 - Welcome and Introduction by PBLI
9:05 - Chairs’ Welcome and Introduction
Karen Martin, KC
Partner, Dentons Canada LLP
Alexis Barr-Gusa
Partner, Dentons Canada LLP
9:15 - State of the Industry: Contractors’
Bruce Karn
Partner, McCarthy Tétrault
Price escalation and supply chain issues
Robotics, drones, AI and other new technologies
BIM issues
10:15 - Questions and Discussion
10:25 - Refreshment Adjournment
10:40 - New Collaboration Contracting Models: A Primer
Douglas Sanders
Partner, Borden Ladner Gervais LLP
Lampros Stougiannos
Partner, Dentons Canada LLP
Progressive contracting models
Key differences between progressive and traditional models
Issues relating to procurement of projects under a progressive approach
Applicable contracting structures
Risks and benefits for owners and contractors
11:30 - Questions and Discussion
11:40 - What is the Meaning of Consequential Damages?
Alexis Barr-Gusa
Partner, Dentons Canada LLP
What is the current law?
Contrast with direct damages
Negotiating and drafting exclusion clauses
12:05 - Questions and Discussion
12:10 - Catered Lunch
1:10 - Best Practices for Indigenous Involvement in Construction Projects
David Dorrans
Partner, McLean & Armstrong LLP
Importance of engagement, understanding and relationship building
Evolving nature of Indigenous participation
Opportunities & challenges
1:35 - Questions and Discussion
1:40 - Builders’ Lien Update
Chelsea Wilson
Partner, Dentons Canada LLP
Recent developments in builders’ lien law
2:05 - Questions and Discussion
2:10 - The Duty of Good Faith on Construction Projects
Krista Johanson
Partner, Borden Ladner Gervais LLP
Recent cases
Sources of good faith duties
Limits on freedom of contract
Implications for construction projects
2:35 - Questions and Discussion
2:40 - Refreshment Adjournment
2:55 - State of the Industry: Owner’s Perspective
Amanda Farrell
CEO, Transportation Investment Corporation
Current landscape and trends
Facing challenges together
New approaches and projects
3:20 - Questions and Discussion
3:25 - Construction Arbitration
Joe McArthur, KC
Partner, Blake, Cassels & Graydon LLP
Zach Seymour
Senior Associate, Dentons Canada LLP
What every project participant needs to know about arbitration
Lessons from international arbitration practice
Institutional vs. ad hoc arbitration
Choosing your arbitrator and choosing arbitration counsel
4:15 - Questions and Discussion
4:25 - Chairs’ Closing Remarks
4:30- Program Concludes
Meet the Co-Chairs
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Partner, Dentons Canada LLP, Vancouver, BC
Karen is a partner whose practice focuses on dispute resolution on construction and infrastructure projects. She currently sits on the Dentons National and Global Boards. She is a past President of the Canadian College of Construction Lawyers. Since the late 1980s, she has acted on procurement and construction claims, including on P3 projects. She provides strategic advice during tender and RFP processes and during construction to help clients minimize risk, avoid disputes, and resolve project issues expeditiously. When disputes arise, she acts as counsel in the negotiation, mediation, arbitration, and litigation of all types of procurement and construction claims. She also acts as a referee, mediator and arbitrator. She is one of the contributing authors to the BC Builders Liens Practice Manual and the BC Business Disputes Manual, Construction Law chapter. Ms. Martin is ranked in the areas of Construction and Procurement by LEXPERT, Best Lawyers in Canada, Who’s Who Legal and Who’s Who Legal Canada, Chambers Canada, Chambers Global and Legal 500.
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Partner, Dentons Canada LLP, Vancouver, BC
Alexis is a partner practicing in Dentons’ Construction, Infrastructure and Public Private Partnerships (PPP) groups. Based in Dentons’ Edmonton and Vancouver offices, her practice encompasses all aspects of construction law throughout the project lifecycle, from procurement of complex contracts right through to completion. Alexis provides legal advice on a broad range of commercial matters, with an emphasis on construction and infrastructure. She represents owners, developers and contractors in connection with domestic and international mining, power, transmission and pipeline projects, as well as assisting clients in the negotiation of project agreements of all kinds.
Meet the Faculty
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Partner, McLean & Armstrong LLP, Vancouver, BC
David has a Bachelor of Arts (History) from the University of Calgary, a Juris Doctor from the University of Toronto and Master of Business Administration from the University of British Columbia. Following completion of his law degree at the University of Toronto, David articled and practiced corporate commercial law at a top tier national law firm in Calgary, Alberta. Since leaving Calgary, David completed his MBA at the University of British Columbia and then worked as part of the senior leadership team for a BC First Nation for several years before returning to private practice. David has maintained a broad corporate commercial law practice with a focus on commercial agreements, debt financings, general corporate matters, private mergers and acquisitions, and aboriginal law. He regularly advises both purchasers and sellers in connection with asset and share sales and also advises clients with respect to drafting and negotiating construction, design/build, joint venture, procurement, and other construction project-related agreements.
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CEO, Transportation Investment Corporation, Vancouver, BC
Amanda Farrell is the Chief Executive Officer at Transportation Investment Corporation (TI Corp). She took on this role in December 2018 to lead the management and delivery of major infrastructure projects, including the Pattullo Bridge Replacement, the Kicking Horse Canyon Project – Phase 4 and the Broadway Subway Project. Since that time, TI Corp’s portfolio has expanded to include the Highway 99 Tunnel Program (including the new Steveston Interchange), and the Surrey Langley SkyTrain Project. Prior to TI Corp, Amanda served as the President and Chief Executive Officer at Partnerships BC (now named Infrastructure BC) for five years. Her focus was strengthening relationships with clients and contractors to develop major public infrastructure projects from hospitals and courthouses to transit lines. She also served as the Chief Project Officer in the now completed Evergreen SkyTrain Line in Vancouver. Amanda was also the recipient of the 2018 Women’s Infrastructure Network Outstanding Leader award.
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Partner, Borden Ladner Gervais LLP, Vancouver, BC
Krista practises civil litigation, with a particular focus on construction, engineering and surety disputes. She has acted for and advised clients on a variety of civil actions relating to tort and contract claims. Krista has advocated on behalf of clients at all levels of court in British Columbia and in commercial arbitration proceedings. She has appeared as lead counsel at trial in the Supreme Court of British Columbia.
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Partner, McCarthy Tétrault, Toronto, ON
Bruce Karn is a partner in McCarthy Tétrault’s Business Law Group and Construction Group based in Toronto. His transactional construction practice focuses on advising owners and developers on some of Canada’s largest and most complex infrastructure projects.
Bruce’s experience as senior in-house counsel for a major construction firm gives him a unique understanding of the internal realities that in-house departments face. His insight into contractors’ perceptions of key project risks enables Bruce to navigate and quickly resolve complex issues that clients often must contend with.
Bruce advises clients from green power generation (including nuclear and renewables), industrial, commercial, and institutional construction industries. He guides clients through all aspects of their construction projects from inception and selection of contracting strategy, to drafting and negotiating construction and ancillary contracts, to advising them through contract administration. Having spent more than a decade on both sides of the negotiation table, Bruce excels at negotiating and securing the best possible outcomes for clients.
Bruce is a frequent panelist at CPD programs and speaks on topics such as the impact of technology on the construction industry and how supply chain disruptions are affecting the industry. He is licensed as a Professional Engineer (P.Eng.) in Ontario, and was a member of the Prompt Payment Committee of the Ontario General Contractors Association. In 2022, Bruce was a member of the in-house team that was named Construction, Infrastructure and Transportation Law Department of the Year at the Canadian Law Awards.
Bruce obtained his Bachelor of Applied Science, Engineering Science (Aerospace) in 2001 from the University of Toronto, and his JD from Queen’s University in 2009. He was called to the Ontario Bar in 2010.
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Partner, Blake, Cassels & Graydon LLP, Vancouver, BC
Joe practises commercial litigation and arbitration. He has represented companies in a range of industries, including mining, infrastructure, utilities, financial services and technology. Joe is an experienced trial and appellate lawyer and has argued before all levels of court in Canada, including the Supreme Court of Canada. He is co-editor (with Claude Marseille, A.E.) of The Law of Objections in Canada: A Handbook (LexisNexis Canada, 2019). Joe regularly appears in ad hoc and institutional domestic and international arbitrations as arbitration counsel and is available for appointment as arbitrator. He was appointed King’s Counsel in 2023.
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Partner, Borden Ladner Gervais LLP, Vancouver, BC
Doug Sanders is a member of BLG’s Corporate Commercial Group in the Vancouver office, and their Public-Private Infrastructure Projects Group nationally. Doug is both a lawyer and an engineer, and practises in the areas of public-private partnerships, construction contracts (negotiation, drafting, and review), shipbuilding contracts, power plant and industrial EPC contracts, and generally contracts to design or construct any asset. Recognized as a leading lawyer in construction and infrastructure by the foremost legal rankings publications, Doug focuses on large infrastructure projects and has worked on major projects in many Canadian provinces, and around the world. Doug is also a frequent author and speaker for various organizations and publications on these areas of law.
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Senior Associate, Dentons Canada LLP, Vancouver, BC
Zach Seymour is a senior associate in the Construction, Infrastructure and PPP and the Litigation and Dispute Resolution groups at Dentons’ Vancouver office. Zach has a construction disputes practice, representing and advising clients involved in the construction of infrastructure, industrial and commercial projects. Zach has experience with a variety of construction disputes, including on large, complex infrastructure projects involving construction contracts, negligent design and construction, delay, unpaid invoices, builders’ liens and surety bonds. An experienced counsel, Zach has appeared as lead counsel before the Court of King’s Bench of Alberta, the Court of King’s Bench of Saskatchewan and commercial arbitration tribunals. Zach has also acted as counsel or co-counsel on matters proceeding before all levels of court in Alberta, all levels of court in Saskatchewan, the Federal Court and Federal Court of Appeal, the Supreme Court of Canada (leave to appeal) and commercial arbitration tribunals.
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Partner, Dentons Canada LLP, Montreal, QC
Lampros practises corporate and commercial law with a focus on infrastructure, public-private partnerships and renewable energy, as well as on government contracting and procurement law. Lampros provides counsel to private and public sector clients on the development, construction and operation of projects in a variety of sectors, including transportation and transit, municipal and social infrastructure, healthcare, energy, mining and real estate.
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Partner, Dentons Canada LLP, Vancouver, BC
Chelsea practices exclusively in the area of construction and infrastructure litigation. Chelsea provides strategic advice to clients during all stages of the procurement and construction process and has a breadth of experience advising developers and contractors on a variety of disputes including negligence claims, builders liens, enforcement of restrictive covenants, as well as residential and commercial real estate development. In addition to her busy practice, Chelsea follows developments in BC builders lien law closely, authoring articles and regularly speaking on the topic.
Registration Form
Program:
Construction Projects in 2023: Confronting the Challenges
Date:
October 3, 2023
Location:
UBC Robson Square (800 Robson Street - Classroom level), Vancouver, BC
Registration:
The registration fee is $845.00 plus GST of $42.25 totalling $887.25 for webinar and in-person attendance. Registration fee covers your attendance at the program and electronic materials. In-person attendance includes a catered lunch and refreshments throughout the day.
Early Bird Discount:
Register by September 5, 2023 and receive a $100 discount on the registration fee ($745.00 plus GST). Discounts cannot be combined.
Group Discount:
Register four persons from the same organization at the same time and you are entitled to a complimentary fifth registration. Discounts cannot be combined.
If you would like to register a group, please fill out this form and email it to registrations@pbli.com:
Payment:
You may pay by VISA, Master Card or cheque. Cheques should be made payable to the Pacific Business & Law Institute. Registration fees must be paid prior to the program.
When and Where:
Check-in begins at 8:30 a.m. The program starts at 9:00 a.m. (PDT). UBC Robson Square is located at 800 Robson Street in Vancouver, BC, and our event will take place on the classroom level. Please visit https://robsonsquare.ubc.ca/find-us/ for directions.
Materials:
The faculty will prepare papers and/or other materials explaining many of the points raised during this program. Materials will be distributed electronically. Please contact us at registrations@pbli.com if you are unable to attend the program and wish to purchase a set of materials.
Cancellations/Transfers:
Refunds will be given for cancellations (less a $60.00 administration fee) if notice is received in writing five full business days prior to the program (September 26, 2023). After that time we are unable to refund registration fees. Substitutions will be permitted. We reserve the right to cancel, change or revise the date, faculty, content, availability of webinar or venue and transfer in-person registration to webinar registration for this event.
To register by phone:
Telephone us: 604-730-2500
Your Privacy:
We will keep all information that you provide to us in strict confidence, other than to prepare a delegate list containing your name, title, firm and city for our faculty and the program delegates. We do not share our mailing lists with any non-affiliated organization.
Course Accreditation:
Attendance at this course can be listed for up to 6 hours of continuing professional development credits with the Law Society of BC. For practitioners in other jurisdictions, please check your governing body’s CPD requirements.
If you would like to register a group, please fill out this form (DOWNLOAD FORM) and email it to registrations@pbli.com; for individual registration, please continue with form below.