Welcome and Land Acknowledgement (9:00 – 9:10)
Elder George Harris — Stz'uminus First Nation
John S. Logan, QC — Jenkins Marzban Logan LLP, Vancouver
Douglas R. Sanders — Borden Ladner Gervais LLP, Vancouver
Regulatory and Indigenous Issues (9:10 – 9:45)
- update on provincial legislation, including Declaration on the Rights of Indigenous Peoples Act and Environmental Assessment Act
- implications for the construction industry
- managing Indigenous contracting preferences
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
Christopher W. Eagles — Borden Ladner Gervais LLP, Vancouver
Douglas R. Sanders — Borden Ladner Gervais LLP, Vancouver
BREAK (10:30 – 10:40)
Tendering Update (10:40 – 11:25)
- 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
Alim Khamis — Dentons Canada LLP, Vancouver
Karen Martin, QC — Dentons Canada LLP, Vancouver
BREAK (11:25 – 11:35)
Clauses that Really Matter (11:35 – 12:20)
- 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
David W. Little — Bennett Jones LLP, Vancouver
Douglas R. Sanders — Borden Ladner Gervais LLP, Vancouver
Jade Scrymgeour — Bennett Jones LLP, Vancouver
LUNCH (12:20 – 1:00)
Delay Claims (1:00 – 1:45)
Christopher J. Moore — McLean & Armstrong LLP, West Vancouver
Michael Preston — McLean & Armstrong LLP, West Vancouver
BREAK (1:45 – 1:55)
Due Diligence and Getting Paid (1:55 – 2:40)
- notice: the importance of providing early notice of potential claims, and paying attention to contractual terms
- document production: pro-active steps to help get your client's (document) house in order
- lien claims: critical considerations, highlights
- consider bonds: a labour and material payment bond may be a route to recovery—helpful take-aways
Stephanie Streat — Synthesis Legal, Port Moody
BREAK (2:40– 2:50)
Dispute Resolution Do's and Don't's (2:50 – 3:35)
- negotiation
- consultant decision
- mediation
- referee/expert decision
- arbitration
- litigation
John S. Logan, QC — Jenkins Marzban Logan LLP, Vancouver
Vanessa S. Werden — Jenkins Marzban Logan LLP, Vancouver
BREAK (3:35– 3:45)
Ethical Quandaries (3:45 – 4:30)
- instructing experts on retention of drafts of expert report
- failure to disclose to the tribunal binding case authority that the lawyer considers to be directly on point and that has not been mentioned by another party; Code of Professional Conduct 5.1-2
- what can be said by counsel to a mediator during a private meeting (without the client representative present) and pressuring one's client in mediation
- litigation counsel giving settlement advice—the litigator's view on whether they want it to go to trial (personal conflicts)
- 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)
- is your client representative at the mediation truly authorized to approve a settlement?
- what to do when a client makes a comment that could be perceived as harassment, racist/sexist, discriminatory, etc.
Moderators: John S. Logan, QC — Jenkins Marzban Logan LLP, Vancouver
Douglas R. Sanders — Borden Ladner Gervais LLP, Vancouver
Brian M. Samuels, QC — Samuels & Company, Vancouver