Crucial Issues in Pursuing Claims for Latent Defects

This presentation will look at issues that arise in claims arising from the discovery of latent building defects such as:
• Issues under limitations law
• Common contractual provisions impacting claims
• Tort issues affecting claims
• Practical evidentiary issues

Ken Crofoot, Goodmans LLP
 

Tendering Law and Practice in a Post-Tercon World

On February 12, 2010, the Supreme Court of Canada released its
long-awaited decision in Tercon Contractors Ltd. v. B. C. The court ruled that a clause in the owner's tender documentation seeking to prevent any claims for damages by contractors for participating in the tender process was not effective to protect the owner against its own failure to follow the tendering rules it established. But the ruling came in a narrow 5-4 decision, and the court was sharply divided.
• Overview of Tercon Contractors Ltd. v B.C
• What has been settled… and what has not
• Implications of the divided court
• How far can the privilege/discretion clause go legally
• Further implications and guidelines for owners and other tender receiving authorities

Geza Banfai, Heenan Blaikie LLP
 

Key Developments in Construction Liens and Trusts

We will review what you need to know about the latest cases and developments in construction liens and trusts. Topics covered will include:
• Trust claims by suppliers
• Who is entitled to ask for information under the Construction Lien Act and what information must be provided
• Claims against mortgagees
• Priority contests with Canada Revenue Agency
• Handling Holdback Monies in a large, multi-party lien case

Brendan Bowles, Glaholt LLP
 

Contracts & BIM: What You Need to Know

• Explanation of BIM and its application in current Ontario
construction projects
• Impact of the use of BIM and its impact on traditional
project delivery models
• Impact of the BIM approach on standard construction contract documents like CCDC/CCA documents
• A brief overview of examples of recent contractual responses to BIM

Marcia Oliver, Purser Dooley Cockburn Smith LLP
 

Loose Lips Sink Ships

The World War II message, Loose Lips Sink Ships, can be usefully applied to every phase of construction: Be careful what you say and how you say it! Learn from a dozen most instructive examples of “loose lips” and “sinking ships” that can torpedo your project, or even sink your business. Learn how to avoid ambiguous words in your contract. Hear the latest case where the Supreme Court of Canada awarded $3.3 million – all because of a few less-than-perfectly-clear words.

Paul Sandori, Revay and Associates Limited