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Goodmans News & Events

Joe Cosentino speaking at Construct Canada


Lawyer Joseph Cosentino
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:

  • Tenders:
    • 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?
  • Contracts:
    • 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
  • Bonds:
    • 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