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Joe Cosentino at Construct Canada: Canada's Largest Building & Construction Show


Lawyer Joseph Cosentino
Area Construction and Infrastructure


Wednesday, November 28, 2007
9 a.m. - 12: 30 p.m: Construction Law Review: An Update on Understanding the Fundamentals of Bidding & Tendering, Contracts, Liens, Trusts, Bonds, and Dispute Resolution

Speaker: Joe Cosentino, Goodmans LLP

This session will focus on:

1. Tenders: Recent Developments in the law of tender in Canada

  • What are the duties owed, who owes them and to whom?
  • Do these duties matter in practice?
  • What the Courts are saying about the process
  • Fairness commissioners, who are they? Who need them?
  • Process monitors, who are they and who needs them? Integrity of the bidding system: what is it and why do I care?

2. Contracts: Performance and Close-Outs

  • How to choose the right standard form contract and make it fit
  • What's new and different about the latest CCDC 2?
  • Can anyone ever agree on supplementary conditions? A case study shows how it's done!

3. Liens:

  • What services and materials are lienable? Understanding what you can lien for under the Act.
  • So you have a lien, what next? Learn about the critical timelines and the steps that must be taken to enforce your rights.
  • You just learned that your lien may be defective, now what? Hear about Section 6 and what defects can be cured.
  • Bankruptcy and Building Mortgages: Getting Paid. Learn how to get a Trustee appointed and come out on top of a mortgage priority dispute.

4. Bonds: Types of Surety Bonds – how do they work?

  • Bid Bond
  • Performance Bond- limits of coverage
  • Labour and Material Payment Bond- who is a ‘claimant’ and how to make a successful claim
  • Financial Guarantee Bond ( Lien Bond)
  • Indemnification Agreement

5. Dispute Resolution:

  • Implementing Effective Dispute Resolution Processes
  • Tips and traps when entering a partnering agreement
  • Role of ADR service providers
  • Incorporating appropriate ADR clauses into contracts 3 BOMA Credits


For more information visit the Construct Canada Website

Construct Canada: Canada's Largest Building & Construction Show
November 28 -30, 2007
Metro Toronto Convention Centre, Toronto ON