This unique, interactive and comprehensive program presented by top Lexpert-ranked lawyers will discuss the very latest issues impacting the construction and infrastructure sectors across Canada. From contract management to dispute resolution, participants will receive practical information and legal updates from some of Canada’s leading practitioners. Stay ahead of the curve on what promises to be a vital day of learning that will help prepare you for new challenges and opportunities in this increasingly complex sector.
9:00 am Orientation by Key Media
9:10 am Introductory comment
|Mary Van Buren, president, Canadian Construction Association|
9:20–10:20 am Opening roundtable: Overview of the industry – construction law updates, government priorities and other critical legal and industry issues heading into 2021
|Mary Van Buren, president, Canadian Construction Association (moderator)
|Jeffrey A. Armel, partner, Koskie Minsky LLP
|Sharon Vogel, partner, Singleton Urquhart Reynolds Vogel LLP|
|Karen B. Groulx, partner, Dentons Canada LLP|
|Matt Ainley, senior construction executive and consultant|
10:20–10:30 am Break
10:30–11:15 am Session One: Project and project finance
Project and project finance, whether in the transportation, institutional, P3, technology or energy sectors, is critically important to the future wellbeing of the Canadian economy. The unique and complex challenges of financing and building projects, especially in a pandemic year, creates added legal risks for owners, managers and investors. This session will provide an update on the latest legal developments in infrastructure projects and financing over the past year, as well as looking at what to expect in 2021. What are some of the legal challenges the legal industry needs to be aware of? How will government efforts impact projects and project financing in the year ahead?
• Sector overview – private and public
• Current trends in project and risk management
• Challenges of due diligence and managing performance in a dynamic environment
- Impact of the pandemic
• Financing update – bank credit facilities, commercial paper and syndicated finance, etc.
• Cross-border developments
|Patrick G. Duffy, partner, Stikeman Elliott LLP|
|Jamie Templeton, partner, Stikeman Elliott LLP|
11:20 am–12:05 pm Session Two: Contracting and procurement
Contracting and procurement can pose significant risks for all parties, with misunderstandings, delays and disputes adding challenges to what can already be very complex infrastructure projects and developments. These can also be very costly and lead to strained relationships going forward, adding to the significant burdens faced by an industry coping with a pandemic. This session will provide an update on the latest contracting and procurement developments, look at how contracting has adapted to the pandemic, and give an overview of other changes in terms and provisions based on a chosen commercial model and project. How has procurement changed in the ‘new reality’, and what should the industry anticipate going forward?
• Examine trends and latest developments, including the COVID-19 response
- Impact on procurement arrangements
• Contractual risk and mitigation, change orders, material delays and force majeure
• Adapting to health, safety and environmental challenges
• Examples of pain points and creative solutions
• Case law updates
|Jason J. Annibale, national co-chair construction, McMillan LLP|
|Annik Forristal, partner, McMillan LLP|
12:05–12:30 pm Short lunch break
12:30–1:15 pm Session Three: Litigation and dispute resolution
The past year has presented novel challenges for the construction and infrastructure industry, as delays and disrupted supply chains have increased the potential for disagreements, disputes and litigation. How will these developments impact litigation trends going forward? What are the key issues in the coming year that the industry needs to be aware of in order to better manage litigation risk profiles?
• Overview of litigation developments
• Prompt payment and adjudication
• Delay and notice requirements
• Insolvency issues and industry impact
• Strategies to protect yourself
|Jeffrey A. Armel, partner, Koskie Minsky LLP|
|Daniel Resnick, senior lawyer, Koskie Minsky LLP|
1:15 pm Closing remarks
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