Joe Cosentino speaking at Construct Canada

Details

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