P A C I F I C B U S I N E S S & L A W I N S T I T U T E

March 8th, 2017 • UBC Robson Square • Vancouver, BCLive Webinar also available!

Co-Chaired by

J. Marc MacEwing John S. Logan SHK Law Corporation Jenkins Marzban Logan LLP

Avoiding Common Errors in Construction Contracts: How To and How Not To

Approved by

the Law Society of BC

for 6.5 hours of

professional development credits

REGISTER TODAY!

www.pbli.com

Avoiding Common Errors in ConstructionContracts: How To and How Not To

March 8th, 2017

Co-ChairsJohn S. Logan, Managing Partner, Jenkins Marzban Logan LLP, Vancouver, B.C. John is a founding partner of Jenkins Marzban Logan LLP. He has tried his fair share of cases, and feels particularly suited to dispute work as he can recall only the victories. He represents a long list of companies involved in the construction industry, including many of the largest contractors in British Columbia and Canada. John frequently acts as an arbitrator, referee, or mediator in commercial and construction disputes. He has an “AV” rating

from Martindale Hubbell in both construction and commercial litigation; has been included once in a while in the LEXPERT ALM 500 as one of the top 500 lawyers in Canada; and is rated as one of British Columbia’s top construction lawyers by Lexpert, Best Lawyers, Chambers and Partners, and Who’s Who Legal. He is regarded by his mother as the best lawyer in the universe.

J. Marc MacEwing, Associate Counsel, SHK Law Corporation, Vancouver, BC. Mr. MacEwing has practiced extensively in the area of construction law since 1982, focusing on builders liens, tendering disputes, the preparation and analysis of contract documents, and construction–related litigation. Mr. MacEwing has been “Repeatedly Recommended” by the Lexpert Directory as a Leading Practitioner in the construction law practice area for B.C., Peer Review Rated “Very High” for Ethical Standards and Legal Ability by LexisNexis

Martindale-Hubbell and included in The Best Lawyers in Canada in the Construction Law practice area, and is a Fellow of the Canadian College of Construction Lawyers. He is a member of the editorial board and a contributor to The Continuing Legal Education Society of B.C. British Columbia Builders Liens Practice Manual. Mr. MacEwing is the author of more than 175 published articles on construction law topics and is a frequent lecturer to design professional and construction trade bodies, educational institutions and business and trade seminars.

FacultyRyan R. Chalmers, Partner, Dentons Canada LLP, Vancouver, BC. Ryan is a partner in the Construction, Infrastructure, Public-Private Partnerships (P3), and Projects Practice Groups specializing in procurement and contract law. Ryan assists clients to structure and run effective and optimized procurements. He drafts and negotiates all manner of project agreements, including design build, operation, maintenance and rehabilitation agreements, equipment supply, and supply and install agreements. He also has extensive experience

advising architects and engineers with services agreements. Prior to joining Dentons, Ryan was Legal Counsel to SNC-Lavalin, one of the world’s leading engineering, procurement, and construction companies. Ryan is past-Chair of the Construction Law Subsection of the Canadian Bar Association, BC Branch, and is a regular author and speaker for both legal and industry audiences.

Christopher W. Eagles, Partner, Borden Ladner Gervais LLP, Vancouver, BC. Christopher Eagles is a partner in BLG’s Corporate Commercial Group in the Vancouver office. Chris practises general commercial law, with a particular emphasis on the areas of public-private partnerships, procurement and infrastructure including drafting, negotiating and reviewing public-private partnerships, design-build, integrated project delivery, construction, consulting, supply and related agreements.

Carrie Fleming, Partner, Blake, Cassels & Graydon LLP, Vancouver, B.C. Carrie’s practice focuses on infrastructure projects and public-private partnerships (P3s) in various sectors (including transport, IT, accommodation) and on energy projects. Carrie has advised both commercial sponsors and funders on infrastructure projects at all stages of the procurement process, and has also worked on secondary market products involving P3 projects. Before joining Blakes in 2012, Carrie worked for 14 years at a major international law firm

in London, England, practicing in their global infrastructure and project finance group.

John Haythorne, Partner, Dentons Canada LLP, Vancouver, BC. Mr. Haythorne is the Vancouver lead and National Co-Chair of Dentons Canada’s Infrastructure and PPP group. He practises in the areas of construction, engineering and infrastructure, with special emphasis on negotiating, drafting and advising on contracts. He is particularly experienced in public-private partnerships, advising owners on the structure and administration of procurement and legal issues relating to design and construction. He has acted for municipal,

healthcare authorities and the Province of British Columbia advising on the law relating to tenders, requests for proposals and complex procurements. John is a Registered Professional Engineer, and prior to entering law he worked as a Professional Engineer on infrastructure projects. His unique background as an engineer allows him to focus on practical and workable solutions for clients. From 1997-1998, John was the President of the Association of Professional Engineers and Geoscientists of British Columbia. He then served on the national Canadian Council of Professional Engineers from 2000 to 2002. John is a frequent lecturer on all matters relating to construction law, procurement and P3s.

Charlene Hiller, Fasken Martineau DuMoulin LLP, Vancouver, B.C. Charlene’s practice is focused on environmental, energy, mining, and infrastructure. She is the lead lawyer at Fasken Martineau to address contaminated property, waste management , and compliance with environmental laws. She has experience with supply, construction, and related contracts for industrial and commercial clients and on major projects. She also advises on contracts that require obtaining environmental assessment and project approvals and arrangements with First

Nations, including joint ventures, participation agreements, exploration agreements, impact benefit agreements, and accommodation agreements.

David W. Little, Partner, Fasken Martineau DuMoulin LLP, Vancouver, BC. David Little has a practice focused on construction and infrastructure projects, procurement, public-private partnerships, alternative service delivery and other development. David has extensive experience with industrial, commercial, and public sector institutional projects. He is a regular speaker for legal and non-legal audiences. David is recognized in Chambers Canada 2017 for Projects: PPP & Infrastructure (Nationwide - Canada).

David Mckenzie, Associate, Jenkins Marzban Logan LLP, Vancouver, BC. David was called to the bar in 2007. His practice is focused primarily in the areas of construction law and commercial litigation. Prior to joining Jenkins Marzban Logan LLP in 2008, David was an associate in the litigation department of one of Canada’s largest national law firms. David has appeared before all levels of court in British Columbia and has been involved in several appeals, trials,

regulatory hearings, and arbitrations. His practice includes a significant amount of construction-related solicitor work, and he has drafted and negotiated construction contracts, tender packages, bonds, and easement agreements. David is a regular speaker at events for the construction industry and the legal profession, and he has also taught legal courses to both aspiring architects and aspiring lawyers.

Douglas R. Sanders, 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.

Avoiding Common Errors in Construction Contracts: How To and How Not To

Construction contracts must be flexible enough to adapt to changing circumstances, while certain enough to protect the interests of all parties. The resulting complexity can lead to unrecognized obligations and missed opportunities. Contractual errors or omissions are often avoidable, and a full understanding of the tools available will decrease both costs and risk. This course will provide necessary information for drafting effective contracts in the construction industry. Delegates will gain a complete perspective on the different kinds of contracts used in construction, including design-build contracts, P3 contracts, construction-management contracts, and subcontracts.

This program will equip delegates with useful tools to negotiate or tender, draft, and amend contracts effectively. This program is essential for lawyers and construction professionals who seek to ensure that their or their clients’ interests are properly protected and advanced by the contractual relationships they enter.

Key Areas To Be Addressed:• Issues and new developments in procurement of contracts• Tips on how to avoid common construction-contract errors• The differences between construction-management

and general contracts• Choosing between “cost plus” and “stipulated price”

payment methods when negotiating • Unique issues that arise when becoming a party to subcontracts• Risk-allocation in design-build contracts and the

design-review processes• Managing multi-lateral relationships in a P3 context

and common issues in P3 contexts

Who Should Attend?• Lawyers • Construction managers, contractors, subcontractors,

and suppliers• Construction and development company owners and mangers• Designers, engineers and architects• Construction insurers and risk managers

REGISTER TODAY!

www.pbli.com

12:00 Networking Lunch

Avoiding Common Errors in ConstructionContracts: How To and How Not To

March 8th, 2017

9:00 Welcome and Introduction by PBLI

9:05 Chair’s Welcome and IntroductionJ. Marc MacEwingSHK Law Corporation

9:15 ProcurementDavid W. Little & Charlene HillerFasken Martineau DuMoulin LLP• Whole-project approach to the procurement and

construction contract• How to deal with a required change identified

during procurement and be fair when including it in the construction contract: negotiation, subsequent change, cancelling, and starting over

9:55 Questions and Discussion

10:05 Refreshment Adjournment

10:20 Common Construction Contract Errors: Clarity + Correctness + Completeness = CertaintyJ. Marc MacEwing SHK Law Corporation • Form of contract• Contract essentials and procedures• Performance in fact

11:00 Questions and Discussion

11:10 Identifying the Differences between General Contracts and Construction Management Contracts Ryan R. Chalmers & John S. HaythorneDentons Canada LLP• Project delivery structure – which one is right for you?

– Differences between EPC, EPCM, CM, CM-at-risk, and GC

• Who does what and why?

• Interface issues and implementations considerations

11:50 Questions and Discussion

1:00 Method of PaymentDavid MckenzieJenkins Marzban Logan LLP• Comparing different payment and valuation

methods such as “cost plus” and “stipulated price”

1:40 Questions and Discussion

1:50 Design Build ContractsChristopher W. Eagles & Douglas R. SandersBorden Ladner Gervais LLP• When to choose Design-Build• Risk-allocation considerations and performance requirements• Forms of Design-Build contracts and the design-

review process• Practical tips for drafting and using Design-Build contracts

2:30 Questions and Discussion

2:40 Refreshment Adjournment

2:55 Public Private Partnership (P3) ContractsCarrie FlemingBlakes, Cassels & Graydon LLP• Structural differences in P3 contracts• Common issues arising out of P3 contracts• Managing multi-lateral relationships in a P3 context

3:35 Questions and Discussion

3:45 SubcontractsJohn S. LoganJenkins Marzban Logan LLP• Issues arising out of standard-form subcontracts• Flow-down provisions, pay-when-paid clauses, and

dispute resolution clauses• Anticipating delayed payment and its consequences• Deficiencies and warranties• Issues regarding statutory declarations

4:25 Questions and Discussion

4:35 Chair’s Closing RemarksJohn S. LoganJenkins Marzban Logan LLP

4:40 Program Concludes

Please recycle

Registration FormPacific Business & Law InstituteUnit 2 - 2246 Spruce Street Vancouver, BC Canada V6H 2P3 Telephone: 604-730-2500; Fax: 604-730-5085 E-mail: registrations@pbli.com

InformationFour Ways to Register:

1. Telephone us: 604-730-2500 or toll free 877-730-25552. Fax us: 604-730-5085 or toll free 866-730-50853. Mail your registration form with payment 4. Register at www.pbli.com/1332

Registration: The registration fee is $770.00 plus GST of $38.50 totalling $808.50 covering your attendance at the program (in person or by live webinar), written materials, a light breakfast, a networking lunch and refreshments throughout the day.

Early Bird Discount: Register by February 8th, 2017 and receive a $100 discount on the registration fee ($670.00 plus GST).

Group Discounts: Register four persons from the same organization at the same time and you are entitled to a complimentary fifth registration. Early Bird and Group Discount cannot be combined.

Payment: You may pay by VISA, MasterCard 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. UBC Robson Square is located at the basement level of 800 Robson Street in Vancouver, BC. Please visit http://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 available for pick-up at the program. Please contact us at registrations@pbli.com if you are unable to attend the program and wish to purchase a set of materials.

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.

Cancellations: Full 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 (March 1st, 2017). 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 for this event.

Avoiding Common Errors in Construction Contracts: How To and How Not To

March 8th, 2017UBC Robson Square • Vancouver, BC

In person Live webinar

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Course Accreditation: Attendance at this course can be listed for up to 6.5 hours of continuing professional development credits with the Law Society of BC.

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