ng S e t ti Standards in Practical L e ar n ing Construction Liens: How to Avoid the Perils and Minimize the Risk November 1, 2010 • Mississauga, ON Using Standard Form Contracts for Construction and Design Services November 2-3, 2010 • Mississauga, ON TE EN THE ERING INSTI NE T GI of CANADA U T ITU ST N GE NIE URS L ‘ IN CA I S NA DIEN DE INC. 1887 AUTHORIZED ACET PROVIDER I The Continuing A C E T Education Unit R Continuing Education Units Awarded www.epic-edu.com EPIC Learning Centre: 5759 Coopers Avenue, Mississauga, ON L4Z 1R9 Construction Management Liens: How to Avoidfor the Perils and Minimize the Risk Stormwater Improved Water Quality After participating in this seminar, you will be able to: use strategies learnt in the course to minimize the risk of construction liens perform with a better understanding of your legal responsibilities if and when liens arise resolve construction liens promptly and economically apply the steps learnt at the course to protect the construction project when construction liens arise 12:00 Lunch Description Owners want progress and completion in exchange for progress payments. On the other hand, contractors want regular payments and an uninterrupted project execution. None of them want any problem with the Construction Lien Act, trust funds, and bonds. Consultants and financiers, the other two stakeholders in projects, also want projects flowing smoothly from start to completion. This seminar focuses on processing and monitoring payments on construction projects in the interest of smooth execution. 2:00 The Role and Obligations of a Payment Certifier • Estimating percentage of work completed • Certification of substantial performance • Liability for miscalculation 1:00 Workshop – Case Study – The Project from Hell • The class will work through a hypothetical construction project subjected to a number of construction liens, to see the practical nature and extent of the rights and obligations the Construction Lien Act creates 2:30 Refreshments and Networking Objective To enhance awareness of those associated with the construction process of their responsibilities, legal rights and liabilities so they can minimize risk and increase protection to construction projects from devastating interruptions. 2:45 Trust Obligations • What is a trust, and how do trust rights help? • When do trust funds come into existence under the Construction Lien Act? • Who is responsible for the trust funds? • How are trust obligations discharged? Who Should Attend Owners, developers, consultants, project and construction managers, supervisors, engineers, lawyers, and construction consultants with responsibility for large residential, commercial, industrial or institutional projects and those who are concerned about possible defaults on their project. 3:45 Bonds • The role of the bonding company • Performance bonds • Labour and material payment bonds • The synergy of bonds and liens in an insolvency situation Faculty: Michael MacKay, Barrister & Solicitor 4:10 Wrap-Up • Open forum for questions Program Outline 8:00 Registration and Coffee 8:30 Welcome, Introduction, Workshop Preview, Learning Outcomes and the Assessment Method 9:00 Overview – The Lien • What is a lien? • How and when does a lien arise? • Who can register a lien? • What can be liened and what can’t? • Enforcing the lien – time limits and procedures 10:30 Refreshments and Networking 4:20 Questions and Answers and Feedback to Participants on Achievement of Learning Outcomes 4:30 Concluding Remarks and Final Adjournment Faculty: Michael MacKay has been practicing law in Toronto for over 20 years, the last 18 almost exclusively in the field of construction law, and the last 13 at his own firm. He was a member of the Ontario Bar Association’s Construction Law Section’s Executive Committee from 1993 to 2009, and for most of that time co-edited its newsletter “Nuts & Bolts”. He is a contributing editior to the Construction Law Letter, where his articles regularly appear. For the last 13 years, he has travelled across Canada to talk on construction law topics – including a complete construction law course for EPIC. 10:45 The Owner’s Obligations • Who is an owner? • Special cases – the Crown and others • The lien funds, and the owner’s responsibility • The significance of substantial performance • What to do if a lien is registered • Avoiding and minimizing disputes • Keeping the project on track despite liens • The owner’s rights against lien claimants and other claimants to the lien fund 2 www.epic-edu.com 0.6 CEUs / 6 PDHs Using StandardManagement Form Contracts forfor Construction and Design Services Stormwater Improved Water Quality After participating in the seminar, you will be able to: use the principal Canadian standard form construction documents issued by the Association of Consulting Engineers of Canada (ACEC), the Ontario Association of Architects (OAA), and the Canadian Construction Documents Committee (CCDC) recognize how construction contracts allocate risk among the parties and why it is to your advantage to use standard form construction documents to allocate that risk in a manner that is fair and appropriate minimize contract disputes and claims by using the standard form contract documents during the course of an engineering and construction project by managing the project fairly Description A major problem in construction contract relations is the use of ambiguous or conflicting contract documents. Contracts from different projects are often merged without a thorough review, resulting in provisions from one part of the contract conflicting with provisions in another part. Even when new contract documents are written, considerable effort is necessary to ensure that they are complete and consistent, and critical items are not overlooked. You can avoid these problems by using standard documents that are well designed, thoroughly reviewed and accepted by major construction industry organizations. By participating in this practical new course, you will learn how to reduce the occurrence of these problems by using a standardized set of contract documents that have been developed by various industry organizations in Canada including the Canadian Construction Documents Committee (CCDC). The CCDC is a broad-based coalition of construction industry organizations whose mission is to develop and distribute quality construction documents that are both complete and fair. Objective To impart confidence among participants to use the standard quality construction documents which have minimum ambiguities and conflicting provisions and reflect the current best thinking in the construction industry. What You Will Receive • Instruction from experienced faculty • Copies of Canadian standard form construction contract documents • A comprehensive set of presentation material by the instructor Who Should Attend Those responsible for developing, managing and using construction contract documents will benefit from this course, including owners, principals, construction managers, owner representatives, engineers, project managers, contract administrators, consulting engineers, architects, contractors and procurement managers. Faculty: Michael MacKay, Barrister & Solicitor Program Outline Day I Registration and Coffee Welcome, Introduction, Workshop Preview, Learning Outcomes and the Assessment Method 1.2 CEUs / 12 PDHs Introduction • Relationship of contract and tort law to contract documents • Types of construction contracts • Who develops standard form documents? • The power of standard form documents: legal, economic, psychological • How and when to use standard form documents The Bidding Process • CCDC bidding documents: contractor’s qualification statement, stipulated price bid • What’s Missing? Instructions to Bidders - Why is there no standard form? - An attempt at a standard – The Ontario Ministry of Health and Long Term Care’s ‘Guide to Bidding & Supplementary Conditions for Healthcare Projects’ - Bid security What’s New in CCDC-2-2008? • Claims • Indemnification • Insurance • Artifacts and mould • Other minor changes to the form The Standard Form Building Contract: The CCDC-2-2008 Construction Contract – A Detailed Analysis • Parts of the construction contract • The agreement • The general conditions • Definitions and preliminary matters • Contract documents and interpretation • Availability of land; subsurface and physical conditions • Contractor’s responsibilities • Other work at the site • Owner’s responsibilities • The role of the consultant • Changes in price and time • Quality of construction provisions • Payments • Claims • Suspension and termination • Dispute resolution • Bonds and insurance An Overview of Other Standard Form Construction Contracts This will look at what other standard form construction contracts are available, and the essential features of each, including: • OPSS • CCDC-3 cost plus contract • CCDC-4 unit price contract • CCDC-18 civil works contract • CCA-1 2008 stipulated price subcontract • CCA-5-1988 construction management contract • CCA-17-1996 stipulated price contract for trade contractors on construction management projects • Document 14 design-build stipulated price contract (CCA, CSC, RAIC) Adjournment Day II Workshop – Tinkering with the Standard Form through Supplementary Conditions • Role and purpose of supplementary conditions • The class will look at circumstances where an owner might not want to use a particular general conditions, and consider how the contract terms could be changed through the use of a supplementary condition. Documents for Design Services • Document 600, 2008 – the Ontario Association of Architects Standard Form of Contract for Design Services • RAIC Document Eight – short form agreement between client and architect • ACEC Document 31 – 2009 - engineering agreement between client and engineer The Content of Agreements for Design Services • Structure and use • Describing the scope of services • Owner’s responsibilities • Compensation • Time for performance • Payment procedures and measures of compensation • Opinions of cost • Ownership and use of documents • Dispute resolution • Suspension and termination • Notice of acceptability • Insurance • Hazardous environmental conditions Other Design Services Agreements This section will look in a general sense at the features of other standard form design services agreements, such as: • RAIC Document Nine – standard form of contract between architect and consultant • Document 15 - 2000 Design-Builder/Consultant Contract (CCA, CSC, RAIC) • ACEC Document 32 - agreement between engineer and sub-consultant • ACEC Document 35 - project management • ACEC Document 39 - agreement between owner and owner’s engineer for design/build projects Administrative Documents and Support Forms • Application for payment • Change orders • Statutory declarations • Certificate of substantial performance Questions and Answers and Feedback to Participants on Achievement of Learning Outcomes Concluding Remarks and Final Adjournment There will be a one-hour lunch break each day as well as refreshment and networking break during each morning and afternoon session. Daily Schedule: 8:00 Registration and Coffee (Day 1 only) 8:30 Session begins 12:00 Lunch 4:30 Adjournment Faculty: Michael MacKay (See bio on page 2) www.epic-edu.com 3 5 EasyWays to Register If you have any questions, or require assistance, phone Ruby at: 1-888-374-2338 ext. 222 Course Location: You may fax the completed form to: 1-800-866-6343 (24 hours) Our mailing address is: EPIC Learning Centre 5759 Coopers Avenue Mississauga, ON L4Z 1R9 You may e-mail the completed form to Ruby at: rsubben@epic-edu.com You may register online by completing our online form at: www.epic-edu.com Mississauga EPIC Learning Center 5759 Coopers Avenue, Mississauga, ON L4Z 1R9 Toll Free: 1-888-374-2338 Attendee(S): Please list additional names on separate copies made from this registration form. Mr/Mrs/Ms √ Yes, Sign Me Up For: Position Company/Organization Nature of Business Address City Tel. (Office) Province Postal Code Tel. (Residence) Fax E-mail Please provide both business and residence telephone numbers in case of changes. YES, I would like to receive notification of upcoming courses by E-mail How did you hear about this course? Tax Information: If tax-exempt, enter tax-exempt number below and attach copy of tax-exempt certificate Questions? Phone our Toll Free at (888) 374-2338 ext. 222. GST# R135 276 467 Exempt # Payment (Payment must be received before the seminar/course start date.) Tuition (Canadian funds): $ Plus GST or HST: $ Total amount due: $ Certified/Company Cheque or Money Order# (Payable to EPIC Educational Program Innovations Center) Purchase order # Purchase orders must be received in advance of the course Accounts Payable personnel: Tel.: Charge to: Card Number Authorized Signature EXP. Date Construction Liens: How to Avoid the Perils and Minimize the Risk Course Code: 01-1113-2124 November 1, 2010 • Mississauga, ON The fee for the course is $675 + HST. If you register after October 1, 2010 the fee increases to $765 + HST. Using Standard Form Contracts for Construction and Design Services Course Code: 01-1114-2124 November 2-3, 2010 • Mississauga, ON The fee for the course is $1,195 + HST. If you register after October 1, 2010 the fee increases to $1,365 + HST. EPIC On-Site Program: A Special Opportunity EPIC courses are available as private on-site programs when you need to have a group of employees trained within your organization. They can be identical to the program offered in EPIC brochures, or modified to suit your specific requirements. Take advantage of this opportunity to save time and travel expenses by having our instructor(s) come to you. For more information on these programs, please visit our website at www.epic-edu.com or call Tim Chugh at 1-888374-2338 ext. 242 or email him at tchugh@epic-edu.com. Continuing Education Units (CEUs) EPIC Educational Program Innovations Center has been approved as an Authorized Provider by the International Association of Continuing Education and Training (IACET), 8405 Greensboro Drive, Suite 800, McLean, VA 22102. In obtaining this approval, EPIC Educational Program Innovations Center has demonstrated that it complies with the ANSI/IACET Standards which are widely recognized as standards of good practice internationally. As a result of our Authorized Provider membership status, EPIC Educational Program Innovations Center is authorized to offer IACET CEUs for its programs that qualify under the ANSI/IACET Standards. CEUs indicate the number of hours invested by you in the course to acquire new knowledge and skills. As an IACET Authorized Provider, EPIC Educational Program Innovations Center offers CEUs for its programs that qualify under IACET guidelines, therefore the CEUs awarded by EPIC are recognized internationally. They are convertible to professional development hours (PDHs) required by professional engineering associations and learned engineering societies. One CEU is equal to ten PDHs. In order to successfully complete an EPIC course and earn the indicated CEUs, participants must demonstrate achievement of the learning outcomes listed for the program. This can be achieved by taking part in the discussions, case studies, workshops, practice exercises, etc. as well as the question and answer periods and any tests or assignments that may be administered. Those who are unable to demonstrate achievement of the learning outcomes (due to lack of participation) or who have missed more than 5% of the course will not be awarded the indicated CEUs. Successful completion of EPIC courses qualifies you to receive a certificate of completion from EPIC Educational Program Innovations Center. This certificate indicates the CEUs earned by you. EPIC ensures high quality in all its courses by employing instructors of high calibre. We want you to feel 100% satisfied that you received even more than you expected. We build quality in every aspect of our operation: from course development to expert instruction delivered in comfortable learning environments, to optimize your personal learning experience. It is our aim and practice to ensure quality education, which enables you to be more effective and productive on the job. EPIC Learning Centre: 5759 Coopers Avenue, Mississauga, ON L4Z 1R9 TollFree: Free: 1-888-374-2338 Toll