Tendering Fundamentals 2024

Course Chair
David A. Garner — Alexander Holburn Beaudin + Lang LLP, Vancouver

David Garner is a Partner and a member of the firm's Business Disputes, Construction + Engineering, Environmental, Health, Insolvency + Restructuring, Insurance and Maritime Practices. Mr. Garner recently completed a six and a half year term as the firm's Managing Partner.

David Garner's practice is primarily litigation based with a considerable emphasis on alternate dispute resolution solutions including negotiation of settlements, releases and covenants, as well as standstill, tolling and related agreements. Mr. Garner has represented a diverse range of clients in commercial, professional and insurance-related litigation at all levels of court in BC as well as in the Yukon and Alberta.

Mr. Garner has significant experience in Alternative Dispute Resolution. He has taken mediation training and is regularly involved in mediated settlements and negotiations, with many cases involving multi-party actions.

He is particularly well-versed in construction disputes and related insurance coverage issues as well litigation and arbitration arising from those matters.

Within his professional liability practice, he has represented the interests of architects, engineers, realtors, underwriters, lawyers, surveyors, financial advisors, accountants, trustees and receivers in litigation arising directly out of professional activities or specific transactions. He has been an active writer and presenter for CLEBC and to many clients on a variety of topics.

Faculty
Christopher E. Hirst — Alexander Holburn Beaudin + Lang LLP, Vancouver

Chris Hirst is Alexander Holburn's Managing Partner and the leader of the firm's Construction + Engineering Practice. Chris is also a member of the firm's Environmental, Insurance and Maritime Practices.

Chris assists construction industry clients in the management of procurement issues, the negotiation and drafting of contracts, and the resolution of builders' liens and other construction based litigation. His construction experience includes a very active professional liability practice and Chris defends design professionals in a wide range of error and omissions claims and disciplinary proceedings.

In addition to his construction practice, Chris provides environmental advice and litigation services to a broad range of clients including a major Canadian oil company, various construction industry participants, as well as maritime clients.

Chris has represented clients at all levels of the court in BC as well as in the Northwest Territories, Alberta, and Ontario. He is also regularly involved in alternative dispute resolution and has extensive experience in resolving multi-party disputes through mediation and negotiation.

Chris is a frequent speaker and writer on legal issues of interest to the construction and business communities. He is the co-author of the Annotated Builders Lien Act, 2007 – 2008 (3rd ed) published by CLEBC and a contributing author to the Builders Lien Practice Manual also published by CLEBC.

Course Introduction and Land Acknowledgement (8:30 – 8:35)

David A. Garner — Alexander Holburn Beaudin + Lang LLP, Vancouver

Fundamentals of Tendering (8:35 – 9:30)

• the law before the Ron Engineering decision
• the Contract A and Contract B analysis
• privilege clauses
• the "nuanced" view of costs
• bid shopping
• RFP v. tender
• damages             

Christopher E. Hirst — Alexander Holburn Beaudin + Lang LLP, Vancouver