Construction Law 2024

Product Type: Course

Format

Courses - Rebroadcast

Start Date & Time

2024-03-03

End Date & Time

2025-03-03

Online Provider

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DescriptionMore DetailAgenda

Practical, grounded takeaways to better serve your clients

—Rebroadcasts—
On the rebroadcast date, you will have until midnight of that rebroadcast date to access the course. Please note that technical support will be available during regular CLEBC business hours.

Jump Start on CPD 2025
Monday, March 3, 2025

(Original webinar date: October 8, 2024)

Can't make the webinar or rebroadcasts?
Want online CPD available 24/7?
Subscribe to Courses On Demand, our comprehensive online resource with 1,500+ videos and 5,400+ papers from CLEBC courses. This course will be added to Courses on Demand approximately 30 days from the original course date.

Who should attend: Lawyers who advise clients in all areas of construction law

Learning level: Intermediate/Advanced

At your update on construction law this year, solicitors and litigators team up to tell you how to try to avoid problems at the outset and how to deal with problems if they arise. You will take away practical, grounded information and insight to help you provide better service to your clients.

Law Society of BC CPD Hours: 6 hours (this course will contain a minimum of 1 hour pertaining to professional responsibility and ethics, client care and relations, and/or practice management)

Course Chairs
John S. Logan, KC — Jenkins Marzban Logan LLP, Vancouver
Douglas R. Sanders — Borden Ladner Gervais LLP, Vancouver

Jump Start 2025	EARLY BIRD Register by Feb. 3/25	Regular Price After Feb. 3/25
Rebroadcast	$479	$549
Rebroadcast Articled Student	$279	$279

Are you a member of the Indigenous legal community (lawyer/Articled Student/legal support staff/paralegal) or a non-lawyer Indigenous community member?
We value your contributions and encourage your participation in all of our programs. To increase accessibility, we offer a 50% discount* to all Indigenous lawyers/Articled Students/legal support staff/paralegals and a limited number of free online registrations to non-lawyer Indigenous community members (*discount applies to Regular prices, not Early Bird prices). Please contact Customer Service to find out more.

Unable to attend a course without financial assistance from CLEBC?
Click here for bursary information.

Want to register for a course now, but prefer a monthly payment plan?
Check out our Easy Pay Plan.

Registration includes an electronic copy of the reference materials.

CLEBC Program Lawyer*
Teresa Sheward
tsheward@cle.bc.ca
*non-practising

Course Chairs
John S. Logan, KC — Jenkins Marzban Logan LLP, Vancouver
Douglas R. Sanders — Borden Ladner Gervais LLP, Vancouver

About the Course Chairs
John Logan is one of the founding partners and is the managing partner of Jenkins Marzban Logan LLP. He restricts his practice to the areas of construction and commercial litigation and alternate dispute resolution.

John is widely respected by members of the construction industry and the legal profession. He is included in the LEXPERT/American Lawyer Guide to the Leading 500 Lawyers in Canada and is listed by Lexpert as one of the most frequently recommended construction lawyers in BC. John has the highest possible (AV) rating in both Commercial and Construction Litigation from US ratings agency Martindale & Hubbell, is listed in Chambers and Partners, Who's Who Legal and Best Lawyers as one of Canada's top construction lawyers, arbitrators, and mediators.

For many years, John has frequently chaired and lectured at conferences organized by CLEBC and other providers on construction law, commercial litigation, and alternate dispute resolution topics. He was one of the original authors of the BC Builder's Liens Practice Manual and has been involved as chair or speaker in virtually all of the CLEBC courses on construction law in the last 25 years. As well, John has taught the builder's liens course to almost every Professional Legal Training Program (PLTC) class for the last 25 years. He has also served on the Builders Lien Act Reform Project Committee of the BC Law Institute (BCLI). The BCLI has a mandate from the Ministry of Justice to identify problems in the operation of the Builders Lien Act, devise solutions for them, and make concrete law reform recommendations to implement the solutions.

Doug Sanders is a lawyer (and professional engineer) with Borden Ladner Gervais LLP who practices in the areas of public/private partnerships, construction contracts, and construction litigation.

Doug has extensive experience in the preparation, negotiation, and review of contracts on leading P3 and construction projects. He was lead counsel for the concessionaire of the water/wastewater treatment plants of Port Hardy, Lytton, Sooke, and Britannia. He was also lead counsel for the design builder on the Golden Ears Bridge, Kicking Horse Canyon, Calgary Ring Road, Northwest Anthony Henday Bridge and Highway, and Alberta Schools projects; was lead counsel to one of the design builders on the Royal Jubilee, Surrey Outpatient, and Port Mann projects; and acted on behalf of lenders to the concessionaire on the Sea-to-Sky Highway project.

Doug is a co-author of the text Practical Law of Architecture, Engineering, and Geoscience: Third Canadian Edition (Toronto: Pearson Canada, 2015).

Faculty
Sam Adkins — Blake, Cassels & Graydon LLP, Vancouver
Morgan L. Burris — Dentons Canada LLP, Vancouver
Christopher W. Eagles — Borden Ladner Gervais LLP, Vancouver
Karen Martin, KC — Dentons Canada LLP, Vancouver
Christopher J. Moore — McLean & Armstrong LLP, West Vancouver
Mark Robinson — McLean & Armstrong LLP, West Vancouver
Brian M. Samuels, KC — Samuels & Company, Vancouver
Jade Scrymgeour — Miller Thomson LLP, Vancouver
Stephanie Streat — Synthesis Legal, Port Moody
Vanessa S. Werden — Jenkins Marzban Logan LLP, Vancouver

Click here for full faculty bios

Course Introduction and Land Acknowledgement (9:00 – 9:10)

Teresa Sheward — Program Lawyer, CLEBC, Vancouver
John S. Logan, KC — Jenkins Marzban Logan LLP, Vancouver
Douglas R. Sanders — Borden Ladner Gervais LLP, Vancouver

Indigenous and Regulatory Context (9:10 – 9:45)

Indigenous and regulatory context relevant to the construction industry, including the Declaration on the Rights of Indigenous Peoples Act
Indigenous contracting preferences
partnerships with Indigenous groups

Sam Adkins — Blake, Cassels & Graydon LLP, Vancouver

Advising Clients on Common Issues During the Project (9:45 – 10:30)

understanding the contract(s)
communications and relationship management
submittal review
dealing with changes
dealing with delays
dealing with claims and CLAIMS
the big picture—strategic advice
considerations around termination: is termination the right path?

Christopher W. Eagles — Borden Ladner Gervais LLP, Vancouver
Douglas R. Sanders — Borden Ladner Gervais LLP, Vancouver

BREAK (10:30 – 10:45)

Tendering Update (10:45 – 11:30)

basic principles you need to know
recent developments in the law
practical tips for drafters of tenders/RFPs
the common issues that arise—and how to solve them

Morgan L. Burris — Dentons Canada LLP, Vancouver
Karen Martin, KC — Dentons Canada LLP, Vancouver

Clauses that Really Matter (11:30 – 12:15)

identifying and reviewing the clauses that really matter
persons, price, property, time
clauses that are argued about, but are rarely used
what matters to owners, consultants, contractors, subcontractors

Jade Scrymgeour — Miller Thomson LLP, Vancouver

LUNCH (12:15 – 1:00)

Delay Claims (1:00 – 1:45)

what is delay?
delay in contract
building a delay claim: how to involve experts
building a delay claim
project scheduling
judicial consideration of delay

Christopher J. Moore — McLean & Armstrong LLP, West Vancouver
Mark Robinson — McLean & Armstrong LLP, West Vancouver

A Closer Look at Builders' Liens: Recent Issues and Case Law (1:45 – 2:30)

recent case law developments
practical tips: filing and enforcement
a look at alternate security
holdbacks
arbitration

Stephanie Streat — Synthesis Legal, Port Moody

BREAK (2:30– 2:40)

Dispute Resolution Do's and Don't's (2:40 – 3:25)

negotiation and mediation
- understand and set expectations
- get the timing right
- don't assume all of the parties understand the details
referee/expert decision
- set the process up for success
- use it as an opportunity to get organized, and identify gaps in the evidence and potential counter arguments
arbitration
- take control of the process
- don't underestimate the value of the first procedural conference
- get creative
litigation
- don't underestimate the value of a case plan order
- set the trial date early

John S. Logan, KC — Jenkins Marzban Logan LLP, Vancouver

Vanessa S. Werden — Jenkins Marzban Logan LLP, Vancouver

Ethical Quandaries (3:25 – 4:15)

expediting government permits on a foreign project, by relying on a foreign agent who does not disclose how this will be accomplished
breach of undertaking by opposing counsel—if and when to report
instructing experts on retention of drafts of expert report
what can be said to a mediator during a private meeting (without the client present), and pressuring one's client in mediation
acting for multiple plaintiffs against same defendant where the defendant is insolvent (e.g., acting for multiple lien claimants on the same project if the pot is too small)
offensive client comments—how to deal with them
client instructions to pursue a bad case
failure to disclose to the tribunal a strong argument against you

John S. Logan, KC — Jenkins Marzban Logan LLP, Vancouver
Douglas R. Sanders — Borden Ladner Gervais LLP, Vancouver
Brian M. Samuels, KC — Samuels & Company, Vancouver

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Construction Law 2024

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