Program DirectorsGeza R. Banfai McMillan LLP

Tim Mavko Reynolds Mirth Richards & Farmer LLP

LocationThe Sutton Place Hotel Edmonton 10235 101 Street Edmonton, AB T5J 3E9

Can you confidently manage legal risk on construction projects? An expert faculty of 20+ senior legal and construction specialists will deliver

crucial construction law concepts, with a focus on issues impacting the

West, including:

• The key participants and their roles in various forms of project delivery

• Major projects, the types of construction contracts in general use and in

mining, oil and LNG projects

• Bidding and tendering, liens and trusts, and construction claims

• Alternative approaches to quantifying and evaluating delay and impact claims

• Insurance, bonding and surety, and health and safety issues

Register today at:

osgoodepd.ca/construction-west

THE OSGOODE CERTIFICATE IN

CONSTRUCTION LAW: WESTERN CANADA EDITIONMay 7 – 11, 2018 • 5 Consecutive Days 8:45 am to 5:00 pm MDT • In Person

It’s back – now being offered in Edmonton!

Today’s Western construction projects are highly complex

and present numerous challenging risks and obligations to all

stakeholders. A comprehensive understanding of key issues

and potential liability exposures in this high-stakes area is

essential. This in-depth, practical, 5-day certificate course,

targeted at both industry and legal professionals, covers

what you need to know from contract formation to dispute

resolution. Learn from a truly exceptional faculty of 20+ senior

legal and construction specialists, including local and national

experts who are fluent in the issues unique to Western

Canada. You will develop a thorough understanding of the

core legal issues impacting construction projects and emerge

better equipped to effectively manage risk.

5 Comprehensive Days of Construction Law Learning

The program will focus on practical, real-world situations and provide ample

opportunity for questions and class discussion. Plenary sessions will inform

you during the week and you will also benefit from small group, learn-by-

doing workshops where you will have the chance to apply what you’ve

learned. Your understanding of project delivery models will be solidified

during an interactive “choose your model” workshop. You will also negotiate a

construction contract “live” from the perspective of either the contractor or the

owner.

The Osgoode Certificate in CONSTRUCTION LAW: WESTERN CANADA EDITION

Presenters were experts in the area of construction law, many were counsel on leading cases [and] their knowledge was invaluable. I had confidence in the materials, as they were presented by knowledgeable faculty – real leaders in the areas.

Brittanee Laverdure, RVP, Aboriginal Trusts, Wealth Management, RBC

• Advanced contract issues in major projects including mining, oil and LNG, and the special considerations at play in large scale projects

• Various project delivery models and when to use them (including EPC and EPCM)

• P3 arrangements used in Canada, and the roles of the key participants

• Bidding and tendering principles, and the treatment of privilege and discretion clauses and the correction of tender errors

• Key advanced issues in construction contracts, including negotiation strategies

• Construction/Builders’ lien basic concepts and terminology, the preservation and perfection of liens and the holdback system

• Construction claims and recurrent issues, including delay and impact claims, unanticipated site conditions, change of scope, extras, productivity, and limitations issues

• Insights as to how to succeed at dispute resolution when projects and disputes are becoming more complex, and the role of mediation, arbitration and litigation

• Specialized insurance issues in the construction process, the underlying principles of surety bonding and the essential role of the surety

• Key principles of liability of the various parties in the construction process under the Occupational Health and Safety Act

Who Should Attend?

• Owners and developers

• Builders and construction professionals

• Architects

• Engineers

• Construction procurement professionals

• Construction industry consultants

• Mediators and arbitrators of construction disputes

• Construction, municipal, real estate or procurement lawyers

• In-house counsel

• Anyone engaged with construction projects, whether as a project sponsor with the client, project manager, construction manager or other consultant

Get Practical Tips & Strategies in areas including:

Drawing on the expertise and experience of outstanding faculty of senior legal and construction professionals, including:

Markku Allison, President,

The Integrated Project Delivery Alliance

(IPDA), Calgary

Geza R. Banfai, McMillan LLP, Toronto

Derek A. Brindle, QC, Singleton

Urquhart Reynolds Vogel LLP, Vancouver

Ernest M. Chan, Director, Legal, Western

Canada, Aecon Group Inc, Calgary

Melanie Gaston, Osler, Hoskin &

Harcourt LLP, Calgary

W. Donald Goodfellow QC, CArb, The Law Firm of W. Donald Goodfellow,

QC, Calgary

John S. Haythorne, Dentons LLP,

Vancouver

Helmut K. Johannsen, PEng, CArb, FCIArb, Singleton Urquhart Reynolds

Vogel LLP, Vancouver

Todd Kathol, Field Law LLP, Calgary

Ryan Krushelnitzky, Field Law LLP,

Edmonton

Tim Mavko, Reynolds Mirth Richards &

Farmer LLP, Edmonton

Jennifer A. Miller, QC, Bennett Jones

LLP, Edmonton

Niamh Ni Chroinin, BEng MSc (Law) CEng MICE, MRICS, Senior Managing

Consultant, Berkeley Research Group,

LLC, Calgary

Paula Olexiuk, Osler, Hoskin & Harcourt

LLP, Calgary

Dennis L. Picco, QC, FCIArb, Dentons

LLP, Edmonton

Sabri M. Shawa, QC, FCIArb, Jensen

Shawa Solomon Duguid Hawkes LLP,

Calgary

Brian Soutar, Consultant, Brian

M. Soutar Consulting Ltd & former

Executive Director, Alberta Infrastructure,

Edmonton

Jeremy Taitinger, Reynolds Mirth

Richards & Farmer LLP, Edmonton

Peter A.K. Vetsch, Rose LLP, Calgary

Plus! Additional industry professionals

will provide expert guidance during the

small group workshop sessions!

Program FacultyProgram Directors

Geza R. Banfai McMillan LLP

Tim Mavko Reynolds Mirth Richards

& Farmer LLP

This program should be a prerequisite for all Project Managers.

Lloyd Tozer, P.Eng, Project Manager

I liked the diversity of the [faculty and] attendees. Getting different perspectives from government, to owners, to contractors and legal was great.

Gary Raposo, CPA, CMA, CFO, International Cooling Tower

MODULE 2

May 8, 2018 8:55 am to 5:00 pm MDTMajor Projects and the Construction Contract

Project Delivery Models:

Integrated Project Delivery (IPD)

During this session, an expert instructor will

provide a detailed and practical analysis of

Integrated Project Delivery (IPD), the cutting

edge approach to construction project delivery

emerging in Western Canada and elsewhere.

The discussion will include considerations of the

risk profile and other determinants favouring

this project delivery method in particular

circumstances.

Major Projects — Mining, Oil, and LNG:

Overcoming the Challenges

Major projects in mining, oil and liquefied

natural gas (LNG) present their own set of

unique challenges and considerations. Paula

Olexiuk and Melanie Gaston, who have

extensive experience with multi-billion dollar

energy projects and transactions of national

importance, will lead you through the maze,

highlighting the major challenges and the best

strategies and tactics to use to overcome them.

Project Delivery Models Workshop

This day will conclude with an interactive

“choose your model” workshop, in which you

will apply the lessons learned from Day 1 and

Day 2 to typical scenarios to demonstrate the

considerations that must be evaluated and

balanced in choosing the right project delivery

model for your contract. You will not want to

miss this unique learn-by-doing opportunity!

*NEW* Post-Program Networking Event

(optional)

Time & location to be announced!

AgendaMODULE 1

May 7, 2018 8:45 am to 5:00 pm MDTProject Delivery Models

Project Delivery Models

During your first two plenary sessions, expert

instructors will provide a detailed and practical

analysis of the project delivery and contracting

models in common use in construction project

delivery in Western Canada and elsewhere,

from conventional to alternative models. The

discussion will include considerations of the risk

profile and other determinants favouring each

method in particular circumstances. Project

delivery models examined in detail will include

Design-Bid-Build, Design-Build and Construction

Management.

Project Delivery Models: EPC and EPCM

This session will provide an in-depth

examination of the essence of EPC and EPCM

contracts, including the common risks and

pitfalls and how to avoid them. The discussion

will include considerations of the risk profile

and other determinants favouring this project

delivery method in particular circumstances.

Public-Private Partnerships (P3s)

Essential guidance on P3 arrangements

as used in Western Canada and across the

country, including explanations of various

transaction structures and the different risks

and opportunities that distinguish P3s from

traditional project delivery models.

FacultyJohn S. Haythorne, Dentons LLP, Vancouver

Jeremy Taitinger, Reynolds Mirth Richards &

Farmer LLP, Edmonton

Peter A.K. Vetsch, Rose LLP, Calgary

Special Luncheon Address:

Brian Soutar, Consultant, Brian M. Soutar

Consulting Ltd & former Executive Director,

Alberta Infrastructure, Edmonton

FacultyGeza R. Banfai, McMillan LLP, Toronto

Paula Olexiuk, Osler, Hoskin & Harcourt LLP,

Calgary

Melanie Gaston, Osler, Hoskin & Harcourt LLP,

Calgary

MODULE 3

May 9, 2018 8:55 am to 5:00 pm MDTClaims, Bidding and Tendering

Bidding and Tendering: Basic Principles

This session will examine the basic principles

governing the Canadian Law of bidding and

tendering, including the origins and evolution

of the Contract A/Contract B paradigm and the

principle of compliance in this ever-evolving

area of law. The session will include a review

of the formative legal authorities such as Ron

Engineering, Martel and MJB.

Bidding and Tendering: Advanced Issues

You’ll get an in-depth review of and the

practical guidance to navigate advanced

problems impacting bidding and tendering,

including the treatment of privilege and

discretion clauses after Tercon, judicial review

as a remedy, and the issues surrounding the

correction of tender errors.

Construction Claims: Extras, Change of

Scope; Productivity, Delay, and Impact

Claims; Quantifying the Loss

Over three consecutive sessions, expert

faculty will guide you through in-depth

analyses of common construction claims.

The first session will focus on the legal issues

underlying construction claims, including recent

developments in the law of notice, and will

cover extras, changes of scope, valuation, site

conditions environmental issues and limitation

clauses. The second session will focus on

productivity, delay and impact claims, including

the causes of lost productivity, critical path

issues and limitation issues.

In the third session of this series, you will learn

about the differing analytical approaches to

evaluating and quantifying losses due to delay

and disruption, including the limitations of each.

FacultyDerek A. Brindle, QC, Singleton Urquhart

Reynolds Vogel LLP, Vancouver

W. Donald Goodfellow, QC, CArb, The Law Firm

of W. Donald Goodfellow, QC, Calgary

Helmut K. Johannsen, PEng, CArb, FCIArb,

Singleton Urquhart Reynolds Vogel LLP,

Vancouver

Ryan Krushelnitzky, Field Law LLP, Edmonton

Niamh Ni Chroinin, BEng MSc (Law) CEng

MICE, MRICS, Senior Managing Consultant,

Berkeley Research Group LLC, Calgary

MODULE 4

May 10, 2018 8:55 am to 5:00 pm MDTClaims Issues, Liens and the Construction Contract

Builders’ Liens: Basic Principles

This session will cover the basic concepts and

terminology underlying lien legislation, with

an examination of Alberta’s Builders’ Lien Act

and how issues such as the nature of the lien,

preservation and perfection of the liens and the

holdback system are addressed.

Builders’ Liens: Advanced Lien Issues, Trust

Claims

In this informative and “how to” instruction

session, learn about advanced issues involving

liens, including liens on public works, sheltering,

priority issues (mortgage and CRA), and best

practices and tips for correcting errors in liens

and trust claim issues.

Negotiate a Construction Contract

Workshop

Contracts are not simply a reflection of legal

principles – they reflect a business deal and

the risk allocation that each of the parties is

prepared to accept.

During this one-of-a-kind, innovative small-

group workshop, you will negotiate the key

terms of a construction contract, working

through a variety of issues that commonly

emerge, from various types of delays to

construction disputes.

FacultyTim Mavko, Reynolds Mirth Richards & Farmer

LLP, Edmonton

Ernest M. Chan, Director, Legal, Western

Canada, Aecon Group Inc, Calgary

Plus! Additional industry experts will provide

real-time guidance during this popular

workshop!

Special Luncheon Address:

Markku Allison, President, The Integrated

Project Delivery Alliance (IPDA), Calgary

MODULE 5

May 11, 2018 8:55 am to 5:00 pm MDTADR, Insurance, Bonding and Occupational Health and Safety

Construction Insurance

This session will provide you with a detailed

review and analysis of the specialized insurance

issues particularly relevant to the construction

process, including a comparison of the differing

types of insurance available, considerations

of risk assessment and the proper choice of

insurance in differing project delivery scenarios.

Surety Bonding

In this session you will learn about the essential

role of the surety in the construction process,

including: the underlying principles of surety

bonding; the role of the surety, the principle

and the obligee; the types of bonds typically

used in construction; and the legal and practical

aspects of asserting claims and defences under

bonds. Problematic bonded projects will also

be discussed, including an examination of

the surety’s proper role and function in such

situations, strategies and possible repairs and

best practices to efficiently resolve claims.

Occupational Health and Safety Issues in

Construction

This session will provide an overview of the key

principles and liabilities of the various parties in

the construction process under the Occupational

Health and Safety Act, including constructor

liability and the appropriate responses to

accidents and investigations. Jennifer Miller

will lead you through the key principles and

practical concerns in this complex web of legal

rules and regulations.

Dispute Resolution Processes

Projects and the disputes related to them are

becoming increasingly complex. This discussion

will cover the basics of mediation, arbitration

and litigation, as well as the mechanics of

settling a case. You will learn about the theories

and principles of dispute resolution processes,

including mediation and the role of the

mediator and counsel. You will also learn about

the arbitration process, including an exploration

of the issues surrounding arbitrator selection,

the arbitration agreement, the actual arbitrated

hearing of a construction dispute, and the

appeal of the arbitral award. Evidentiary issues,

and the treatment of expert witnesses will also

be discussed.

FacultyTodd Kathol, Field LLP, Calgary

Jennifer A. Miller, QC, Bennett Jones LLP,

Edmonton

Tim Mavko, Reynolds Mirth Richards & Farmer

LLP, Edmonton

Dennis L. Picco, QC, FCIArb, Dentons Canada

LLP, Edmonton

Special Luncheon Address:

Sabri M. Shawa, QC, FCIArb, Jensen Shawa

Solomon Duguid Hawkes LLP, Calgary

Register today at:

osgoodepd.ca/ construction-west

Registration DetailsFee per Delegate

$3,995 plus GST

Fees include attendance, program materials, continental breakfast, lunch and break refreshments for each of the 5 days of the program. The price does not include accommodation. Group discounts are available. Visit www.osgoodepd.ca/group-discounts for details. Please inquire about financial assistance.

Program Changes

We will make every effort to present the program as advertised, but it may be necessary to change the date, location, speakers or content with little or no notice. In the event of program cancellation, York University’s and Osgoode Hall Law School’s liability is limited to reimbursement of paid fees.

Cancellations and Substitutions

Substitution of registrants is permitted at any time. If you are unable to find a substitute, a full refund is available if a cancellation request is received in writing 21 days prior to the program date. If a cancellation request is made with less than 21 days notice, a $150 administration fee will apply. No other refund is available.

For Further Program–Related Information please contact:

Alexandra Karacsony, Program Lawyer 416.673.4673 or akaracsony@osgoode.yorku.ca

Certificate of Program CompletionYou will receive a certificate upon successful completion of the Osgoode Certificate in

Construction Law: Western Canada Edition. Participants must attend all program modules

and pass the post-program multiple choice assessment to receive a certificate.

4 Convenient Ways to Register Register today at:

osgoodepd.ca/construction-westMail Online Fax Call

Eligible CPD/MCLE hours:

AB: this program is eligible for CPD credit with the Law Society of Alberta.

BC: this program is eligible for 28.0 hours (a minimum of 3.0 hours will involve aspects of professional responsibility and ethics, client care and relations and/or practice management) CPD credit with the Law Society of British Columbia.

This program has been accredited by the CCA for 5 credits toward Gold Seal Certification’s education requirement.

This program is approved for LAWPRO Risk Management Credit.

ON: OsgoodePD has been approved as an Accredited Provider of Professionalism Content by the LSO.

OsgoodePD programs may be eligible for CPD/MCLE credits in other Canadian and US jurisdictions. To inquire about credit eligibility, please contact cpd@osgoode.yorku.ca. © Osgoode Professional Development, 2018

Very good program; strong speakers with significant experience and knowledge.

Tracy Allen, P.Eng, MBA, M.Eng, PMP, Government of Alberta

Overall, this is an excellent course for a consulting engineer.

Desmond Lau, Principal, MCW Consultants Ltd

All speakers were excellent. The pace was very engaging. Deeply enjoyed the classroom environment.

Robert Warren, Operations Manager, SRS Industrial