Agenda - October 6th, 2020


Welcome and Introduction by PBLI


Chairs' Welcome and Introduction


David Curtis

Fasken Martineau DuMoulin LLP


Thomas Krikke

Krikke Consulting Ltd.



PART 1 - Project Fundamentals 101 - 401


Arthur Grant

Grant Kovacs Norell


Thomas Krikke

Krikke Consulting Ltd.


  • What parties and C-suites want - no surprises!
  • Roles and common language across all projects, parties and professionals
  • Contract cornerstones of Text, Time, Resources and Risk
  • Creating a project taxonomy & compendium and sticking to it
  • Project tools and software - source file data
  • Prescribed derivative reporting to "paper the project" for all parties
  • Industry standard practice and leading practices



Questions and Discussion


Refreshment Adjournment


PART 2 - The Project Agreement - Drafting Considerations


Michael Morgan

Lawson Lundell LLP


Douglas Sanders

Borden Ladner Gervais LLP


  • The Trinity: time, price, scope (based on risk)
  • Common contract provisions requiring improvement
  • Communication, reporting, oversight, and overwatch
  • Risk allocation and imbalance
  • Remedies, bonuses, sureties, security, insurance, indemnity and termination
  • Dispute resolution considerations
  • Proactive and reactive management



Questions and Discussion


Networking Lunch


PART 3 - Actively Administering the Contract


David Curtis

Fasken Martineau DuMoulin LLP


Guy Lembach



  • IQ, EQ, and AQ for continuous management and continuous correction
  • Educating the project team to use the contract
  • Reporting and papering the project
  • Continuous audit, governance and audit rights
  • Disruption and delay identification and resolution - when to ask for help
  • Managing issues, irregularities and changes before they become costly or impactful
  • What to do with disputes that are not resolved while the project is being built
  • Cost recovery and recovery plans



Questions and Discussion


Refreshment Adjournment


PART 4 - Claims and ADR Options Towards Settlement


Beth Allard

Norton Rose Fulbright Canada LLP


John Logan, Q.C.

Jenkins Marzban Logan LLP


  • Informal dispute resolution approaches (not business as usual)
  • Formal dispute resolution (business as usual)

      - Referee processes

      - Mediation

      - Arbitration

      - Litigation

  • Typical contractual requirements for construction disputes (notice, mandatory negotiation, limitations and exclusions of liability)
  • Responsible parties / who to sue?
  • Insurance and bonds
  • Papering the resolution of construction claims
  • Common mistakes and pitfalls in resolving construction claims



Questions and Discussion
   3:45 Chairs' Closing Remarks 
   4:00 Program Concludes