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

November 18th, 2015 • UBC Robson Square • Vancouver, BCLive Webinar also available!

Chaired by

Doug R. SandersBorden Ladner Gervais LLP

Construction Contracts: Beyond Standard Terms

Approved by

the Law Society of BC

for 6.5 hours of

professional development credits

REGISTER TODAY!

www.pbli.com

Construction Contracts: Beyond Standard TermsNovember 18th, 2015

ChairDoug R. Sanders, LL.B., P.Eng., 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.

FacultyKeith Bustard, Partner, Bull, Housser & Tupper LLP, Vancouver, BC. Keith practises in his firm’s business law group, with a focus on infrastructure and construction projects as well as general commercial transactions. Keith has assisted clients on a range of infrastructure projects including private owner and municipal construction projects, public-private partnerships and LNG, hydro and wind power projects. He

is an experienced drafter of complex procurement documents and advises owners and proponents on all aspects of tender and RFP processes. Keith’s

Construction Contracts: Beyond Standard Terms

Constructions projects vary widely, yet construction contracts do not always reflect this diversity. Standard contracts that over-simplify and ignore reality can result in disputes, costly litigation, and lost business. It is essential that those working in, or advising, the construction industry are knowledgeable about the limitations and pitfalls of standard contracts.

This program brings together construction contracts experts who suggest useful amendments and alternatives that will help ensure the contract meets the needs of the project. For those involved with the construction industry, this program will provide invaluable lessons and insights into using construction contracts effectively.

Key Areas To Be Addressed:• Common supplemental conditions to CCDC

documents• Advantages and disadvantages of standard

contract documents• Revision to standard contracts• Subcontractor agreements• Professional services and construction

management contracts• Insurance issues

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

commercial work includes negotiating and drafting various types of commercial contracts as well as acting for buyers and sellers involved in acquisitions and divestitures of shares and assets. Keith regularly speaks on topics including contract law, tender/RFP law and construction contracts.

Ryan Chalmers, Partner, Dentons Canada LLP, Vancouver, BC. Ryan is a partner in the Construction, Infrastructure, Public-Private Partnerships and Projects Practice Groups specializing in advising on, drafting and negotiating contracts. Ryan advises on, drafts and negotiates concession, design build, operation, maintenance and rehabilitation agreements as part of major infrastructure projects across Canada, including various subcontract agreements (for both construction and professional services) for both major and minor components of project work. He also has

extensive experience with services agreements for various engineering related mandates. Ryan is Co-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.

Nolan Heuchert, Principal, Wylie-Crump, Vancouver, BC. As a former senior officer and construction practice leader for a large international insurance brokerage firm, Nolan has extensive experience in a broad range of complex domestic and international insurance programs, as well as several P3 projects in British Columbia. Nolan’s extensive knowledge of both the insurance and construction industries is a highly valued resource and appreciated by owners and contractors alike. An active member of several local and national construction and design industry

associations, Nolan is the current chair of the Risk Management Committee for the Canadian Design-Build Institute, a chapter of the Canadian Construction Association.

Helmut Johannsen, Fasken Martineau DuMoulin LLP, Vancouver, BC. Helmut is the national leader of the firm’s Construction, Procurement & Infrastructure Group and a lawyer, a professional engineer and a chartered arbitrator. He is a Fellow and Past President of the Canadian College of Construction Lawyers, a Fellow of the American College of Construction Lawyers, a Fellow of the International Academy of Construction Lawyers, chair of the Project Execution Committee of the IBA’s International Construction Projects Committee, and a director of the BC

Arbitration & Mediation Institute. His practice includes all aspects of law related to construction, engineering and procurement, including negotiating, drafting, tendering, and interpreting all types of procurement processes and contracts, as well as litigation and arbitration of disputes arising out of such contracts. He has prepared numerous procurement processes, documents and contracts for infrastructure and other projects, including major powerplant, rapid transit, LNG and gas pipeline projects. He is recognized and listed in Who’s Who Legal both under Construction and Public Procurement, as well as in Lexpert, Best Lawyers in Canada, Chambers Global, and the Euromoney Expert Guides to World’s Leading Lawyers.

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 Global 2015 for Projects: PPP & Infrastructure (Canada).

Karen Martin, Partner, Dentons Canada LLP, Vancouver, BC. Ms. Martin is a partner in her firm’s Construction & Infrastructure Groups. Since the late 1980s, she has acted for contractors, design consultants and owners on procurement and construction claims. She provides strategic advice during tender and RFP processes and during the implementation of projects 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

claims, including procurement changes. Ms. Martin is rated in the Canadian Legal LEXPERT Directory as “Repeatedly Recommended” in the area of Construction Law. She is recognized in Best Lawyers in Canada as one of Canada’s leading lawyers in Construction Law. She is recognized by “Chambers Global: The Guide to the World’s Leading Lawyers” as a leading lawyer in the area of Construction Law.

Fergus McDonnell, Associate, Fasken Martineau DuMoulin LLP, Vancouver, BC. Fergus McDonnell is a commercial lawyer with a focus on construction and infrastructure projects and procurement, including for the construction and mining industries. Prior to joining Fasken Martineau, Fergus held positions in supply chain management with a leading global energy company and a Canadian diamond mining company.

David Mckenzie, Associate, Jenkins Marzban Logan LLP, Vancouver, BC. David’s practice is focused primarily in the area of construction law. His clients include developers, general contractors, subtrades, and suppliers. David acts as legal counsel in all aspects of the construction industry, from litigating and advising on tender, builders lien and contract disputes to construction-related solicitor work, including construction contracts, tender packages, and easement agreements. David has taught legal courses to both aspiring architects and aspiring lawyers,

he lectures frequently at events for the construction industry and the legal profession, and he is a contributing author of the British Columbia Builders Lien Practice Manual.

Matt Mulligan, Partner, Bull, Housser & Tupper LLP, Vancouver, BC. Matt’s practice is focused on infrastructure and construction projects. His areas of expertise include drafting procurement documents and advising owners and bidders on all aspects of tender and RFP processes; and drafting and negotiating all types of engineering and construction contracts across the full range of project delivery models and for all types of projects. Matt speaks regularly on topics including tender/RFP law, construction contracts and public private partnerships. He has

been recognized by Chambers Global as a leading lawyer in the area of P3 Projects and by Best Lawyers in Canada as a leading lawyer in the area of Project Finance Law, and was named one of Lexpert’s Rising Stars in 2012.

REGISTER TODAY!

www.pbli.com

12:30 Networking Lunch

Construction Contracts: Beyond Standard TermsNovember 18th, 2015

9:00 Welcome and Introduction by PBLI

9:05 Chair’s WelcomeDoug R. SandersBorden Ladner Gervais LLP

9:10 Stipulated Price ContractsChristopher W. EaglesBorden Ladner Gervais LLP• Common supplemental conditions when using CCDC 2• Schedule and delay• Performance and payment• Changes in the work• Indemnification, waiver of claims, and warranty• Protection of persons and property

9:55 Questions and Discussion

10:05 Cost Plus Contracts and Unit Price ContractsKaren Martin & Ryan Chalmers Dentons Canada LLP • Advantages and disadvantages of cost plus contracts• Advantages and disadvantages of unit price contracts• Common standard forms – CCDC, MMCD• Clauses to watch for, and how to balance the risks

10:35 Questions and Discussion

10:45 Refreshment Adjournment

11:00 Design Build (EPC) Contracts Helmut Johannsen Fasken Martineau DuMoulin LLP• Advantages and disadvantages of design build• Forms of contract, including CCDC 14 – 2013 Design-Build

Stipulated Price Contract• Performance based specifications, performance guarantees,

submittal processes and the role of the owner’s consultant• Practice tips for addressing common issues

11:35 Questions and Discussion

11:45 SubcontractsDavid MckenzieJenkins Marzban Logan LLP• Common changes to the CCA Subcontract• Flow-down/flow-through clauses

– What actually flows down? – Drafting tips to help avoid disputes

• Onerous clauses – Common onerous clauses and negotiation sticking points

• Tips to avoid prolonged negotiations and disputes

12:20 Questions and Discussion

1:30 Professional Service ContractsMatt Mulligan & Keith BustardBull, Housser & Tupper LLP• Key issues to consider• Using and adapting standard engineering contracts• Using and adapting standard architecture contracts

2:15 Questions and Discussion

2:25 Construction Management ContractsDavid W. Little & Fergus McDonnellFasken Martineau DuMoulin LLP• Construction management vs. Other project delivery• From CCA5 to CCDC5A• The CCDC5B and alternative approaches• Advantages and disadvantages to construction management• Responsibility and liability of construction management: Re-

work, coordination of trade contractors & more• Managing project risk – role of owner, consultant,

construction manager, trade contractor• Taking construction management to the next level – EPCM,

and alternative approaches EP + CM

2:55 Questions and Discussion

3:05 Refreshment Adjournment

3:20 Engineering Procurement and ConstructionDoug R. SandersBorden Ladner Gervais LLP• Best practices for project procurement• How to effectively partner

4:00 Questions and Discussion

4:10 Insurance Issues in Construction ContractsNolan HeuchertWylie-Crump• Introduction to a construction contract insurance program• Focus on: course of construction policy, professional liability

policy, and wrap-up liability policy• What is a “project policy?”• Preparing for claims

4:50 Questions and Discussion

4:55 Chair’s Closing Remarks

5:00 Program Concludes

Please recycle

Registration FormPacific Business & Law Institute305 – 1681 Chestnut Street Vancouver, BC Canada V6J 4M6 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/1206

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 October 19th, 2015 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 (November 10th, 2015). 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.

Construction Contracts: Beyond Standard Terms

November 18th, 2015UBC 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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