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Howard Wise at the Construction Law Superconference


Area Construction and Infrastructure


The Canadian Institute's 20th Annual Construction Superconference
November 15 - 16, 2010
Marriott Bloor Yorkville Hotel
Toronto, Ontario

Monday November 15, 2010
10:30:  Analyzing TERCON: Significant Implications for Your Tendering Practices

Speaker:  Howard Wise, Partner, Goodmans LLP

This session will cover:

  • Understanding the implications of this decision
  • Has Tercon changed the law of tendering?
  • Analyzing the new test for exclusion of liability clauses
  • Determining the enforceability of exclusion of liability clauses
  • How should tendering disputes be resolved in light of Tercon?
  • Has Tercon changed the way in which tender documents need to be drafted?
    • What needs to be included/excluded?
    • Recognizing what to look out for
  • Demystifying the Contract A/Contract B paradigm
    • Deciding whether you should be looking to get out of Contract A altogether
    • Knowing how to go about doing so