Joe Cosentino speaking at Construct Canada
|Area||Construction and Infrastructure|
November 29, 2006
9:00 am: Construction Law: What’s New? How Can you Protect Your Business? What’s Different? How Will It Change The Way You Do Business?
Speaker: Joe Cosentino, Goodmans LLP
This session will cover:
- A close up look at the modern 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 needs them?
- Process monitors, who are they and who needs them? Integrity of the bidding system: what is it and why do I care?
- Performance and Close-Outs
- Bargaining power: who has it, who needs it, how do you get it? does the law care?
- You have a contract, but does it really matter? what clauses work, what clauses don’t.
- The change order process: work now, pay never? Tipping the balance of power in your favour.
- When and how to call on the insurer
- When and how to call on the surety
- When and how to call on your lawyer
- Contract Closeout: Who has the power now?
- Does certification matter?
- Liens & Trust:
- Overview of the Construction Lien Act
- Protecting your investment in a Project from the outset
- Examining the difference between lien and trust rights under the CLA
- Written Notices of Lien – Are they as good as registered liens?
- Arbitration of Construction Liens: Contractual provision
- How Do The Different Types of Bonds Work?
- Performance Bonds: What are its Limits?
- Bid Bonds
- L & M Bonds
- Lien Bonds
- Dispute Resolution:
- Implementing Effective Dispute Resolution Processes
- Tips and traps when entering a partnering agreement
- When to consider expert determination, mediation and arbitration
- Role of ADR service providers • Incorporating appropriate ADR clauses into contracts