Construction Law 2024: Dealing with the New Normal on Construction Projects
May 15, 2024 at 9:00AM PST
Downtown Vancouver and Live Webinar
Construction Law 2024: Dealing with the New Normal on Construction Projects
May 15, 2024
Overview
The landscape of construction projects has changed significantly in recent years. When complex issues arise, knowing how to deal with the new normal of the construction industry is crucial to keep projects moving on time and on budget.
Featuring experienced professionals with in-depth knowledge of the construction industry, this program will equip you with tools to identify innovations coming to the world of construction law and how best 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 exciting market, and a proactive and informed approach to both project planning and dispute resolution that can save your budget and avoid protracted delays, litigation or relationship breakdowns.
Key Areas Addressed:
Delay claims
Insolvency
Priorities for owners
Builders’ liens
Bonds
The latest on mediation and arbitration
Technological advances in construction law
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 by PBLI
9:05 - Chairs’ Welcome and Introduction
John Logan, KC
Jenkins Marzban Logan LLP
David Mckenzie
Jenkins Marzban Logan LLP
9:10 - Drafting to Address Delay Claims
Nick Paczkowski
Construction Law Group
How to deal with delay in the drafting stage to avoid uncertainty
Novel solutions
10:00 - Questions and Discussion
10:10 - Morning Adjournment
10:25 - Insolvency
David Mckenzie
Jenkins Marzban Logan LLP
Navigating CCAA, bankruptcy and receivership proceedings
Interaction of lien rights and remedies with insolvency legislation
Jurisdiction under CCAA and BIA to make orders affecting lien and trust rights
11:15 - Questions and Discussion
11:25 - For Owners
Aidan Cameron
McCarthy Tétrault LLP
What delay remedies owners should be looking for
Dealing with defaulting or insolvent contractors
Dealing with liens as an owner
12:15 - Questions and Discussion
12:25 - Lunch Adjournment
1:25 - Bonds and Builders’ Liens
Mark Robinson
McLean & Armstrong LLP
Surety and performance bonds
Labour & material payment bonds
The latest on builders’ liens
2:15 - Questions and Discussion
2:25 -Afternoon Adjournment
2:40 - Resolving Disputes: Is Arbitration Ending with a Mediation the New Normal?
John Logan
Jenkins Marzban Logan LLP
Why so much arbitration?
When does it make sense for you?
Using it to your advantage
Using it creatively
Why mediation is so popular
Setting up a mediation for success
3:30 - Questions and Discussion
3:40 - AI & Technology in Construction Law
Michael Dew
Jenkins Marzban Logan LLP
How might AI and other technology change contracting?
Are technology developments actually changing the practice of law?
How might technology developments impact dispute resolution?
Technology as a means to improved legal services
4:10 - Questions and Discussion
4:20 - Chairs’ Closing Remarks
4:25 - Forum Concludes
Meet the Co-Chairs
-
Managing Partner, Jenkins Marzban Logan LLP, Vancouver, BC
A JML founding and managing partner, John Logan focuses on commercial disputes as counsel, arbitrator, mediator, referee, or project neutral. He has been involved in the resolution of hundreds of disputes across Canada, including many major projects involving transportation, telecommunications, hydro, and oil and gas. John is an acknowledged leader of the British Columbia construction bar, as counsel and neutral. He has long been included in the Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada. He has an AV Rating from U.S. ratings agency Martindale and Hubbell in both commercial and construction litigation. He is currently Best Lawyers’ “Lawyer of the Year” for construction law in Canada, Doyles Guide’s market leader for construction law in B.C., and one of Lexpert’s three most frequently recommended construction lawyers in B.C. He is listed by Who’s Who Legal as one of B.C.’s top mediators and construction lawyers. John is involved in the activities of the Chartered Institute of Arbitrators and the Vancouver International Commercial Arbitration Centre. He is on the latter’s Application and Appellate panel. He has chaired countless legal and industry conferences on commercial litigation and alternative dispute resolution. Along with being one of the original authors of the British Columbia Builder’s Liens Practice Manual, he taught the builder’s lien course to almost every Professional Legal Training Course class for 25 years.
-
Partner, Jenkins Marzban Logan LLP, Vancouver, BC
David Mckenzie is one of the leading construction lawyers in British Columbia. David has spent his career developing his knowledge of construction law while acting for developers, general contractors, subcontractors, and suppliers as legal counsel in all aspects of the construction industry. Both a litigator and solicitor, he advises clients at all stages of a project, from procurement to builders liens. David has represented clients in contract drafting and negotiations, mediations, arbitrations, and court proceedings. He is also a frequent chair and lecturer at construction law conferences for both the Continuing Legal Education Society of British Columbia and the Pacific Business and Legal Institute.
Meet the Faculty
-
Partner, McCarthy Tétrault LLP, Vancouver, BC
Aidan is a partner in McCarthy Tétrault’s Litigation Group and a lead member of the firm’s Project Disputes, Construction Law and Global Mining Litigation Groups. Seasoned in construction, mining, real estate and insurance, she leverages her deep industry knowledge to swiftly resolve complex and contentious disputes. Aidan represents a wide variety of clients, including developers of residential and commercial projects, general contractors, and mining companies. Her experience includes: construction and real estate, mining and insurance coverage matters. Aidan also has experience in product liability matters, environmental and Aboriginal law claims, and municipal law issues. She has represented clients at all levels of court in British Columbia, and in domestic and international arbitration proceedings. Aidan is a member of the Canadian Bar Association and the American Bar Association (ABA), she serves on the executive of the Construction Law section of the Canadian Bar Association, BC Branch, and as Vice-Chair on three committees of the Tort Trial and Insurance Practice Section (TIPS) of the ABA.
-
Managing Partner, Jenkins Marzban Logan LLP, Vancouver, BC
Michael’s practice is focused on commercial litigation, particularly construction law, creditors’ remedies, insurance matters, and shareholder disputes. Michael has worked on a wide range of construction law matters including disputes over work quality and entitlement to payment, as well as structural failure cases where he draws on his prior experience as a structural engineer to better understand the issues and serve his clients. Cases involving technical engineering issues have included retaining wall and embankment failures, ground settlement (under warehouses, and major residential projects), and structural failures (buildings and transmission lines). The builders lien cases Michael handles in the construction law context overlap with the general creditors remedies work he does, including foreclosures, creditors remedies in the bankruptcy context, and involvement with Mareva injunctions (asset freeze orders) and Anton Piller Orders (civil search orders).
Michael is enthusiastic about using technology to improve the quality of legal services provided, and a strong believer that while competent use of computers is not a substitute for traditional legal skills (such as knowledge of substantive and procedural law, business judgment, legal writing skills, legal research capabilities, etc.), technology skills are now an essential additional area of competence required in order to meet reasonable client expectations. Michael strives to involve clients (who at the outset know more than anyone about their own disputes) heavily in the fact organization process, and seeks to collaborate with clients online using cloud technologies and familiar applications such as Microsoft Excel. As a relic of his engineering background Michael maintains a hobby interest in computer programming (primarily VBA) and builds spreadsheets to run his practice and client files more efficiently. He has shared some of his spreadsheets through his Youtube channel at https://www.youtube.com/c/MichaelDewTechTips/videos
-
Lawyer, Construction Law Group, Vancouver, BC
Nick is an architect as well as a lawyer. He has extensive experience with virtually all aspects of major project construction at an executive level. He was, for example, the Manager of Contract Administration for Vancouver’s first ‘Skytrain’ project, the Director of Contracts for the highly successful Expo ’86, a Vice President of BC, Enterprise Corporation and for many years has been involved in the development and construction of the landmark Concord Pacific Place waterfront redevelopment project in Vancouver. Formerly a partner with the international law firm of Stikeman Elliott LLP, Nick now practices with the Construction Law Group as a senior advisor to several clients on a full range of contentious and non-contentious construction related matters.
-
Associate, McLean & Armstrong LLP, West Vancouver, BC
Mark’s practice focuses on construction litigation and dispute resolution. Mark received his J.D. from the Peter A. Allard School of Law at the University of British Columbia in 2020, and was called to the BC bar in 2021. Mark articled at a large international law firm in Vancouver. Mark has worked on many of Vancouver’s major infrastructure projects including the Millennium Line Skytrain, the Canada Line Skytrain, and the Seymour Capilano Filtration Plant Clearwell. Mark also worked for a residential high-rise construction general contractor on the project management team, focusing on concrete multi-family buildings. Mark sits on the board of directors of the British Columbia Construction Roundtable, a non-profit that provides a forum for information sharing and discussion on important topics relevant to the construction industry in BC.
Registration Form
Program:
Construction Law 2024: Dealing with the New Normal on Construction Projects
Date:
May 15, 2024
Location:
UBC Robson Square (800 Robson Street - Classroom level), Vancouver, BC
Registration:
The registration fee is $890.00 plus GST of $44.50 totalling $934.50 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 April 17th, 2024 and receive a $100 discount on the registration fee ($790.00 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, Mastercard or cheque. Cheques should be made payable to the Pacific Business & Law Institute and mailed to Unit 2-2246 Spruce Street, Vancouver, BC V6H 2P3. Please do not send cheques via courier with signature required.
When and Where:
Check-in begins at 8:30 a.m. The program starts at 9:00 a.m. (PST). 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 (May 8, 2024). 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.