CCA – CONnected Webinars
Read your construction contract – A series of five webinars to keep you out of trouble!
Construction contracts are the most important tool of any project, defining the relationship between parties and providing clarity and mechanisms to mitigate risk.
But before you sign on the dotted line, it’s crucial to read and understand the contents and clauses of your contract.
Join our construction contract experts for this five-part webinar series that deconstructs the language commonly found in contracts to help you understand what you’re signing, saving time and resources to make sure you earn a profit.
Monday, April 3, 2023 – Webinar #1: Read your construction contract ‘like a boss’
When: 1:00 – 2:00 p.m. ET
Join us for this foundational webinar to acquaint yourself with how to read contracts and understand their primary role in defining scope, time, risk provisions and payment terms.
Learning objectives:
– Why you should have a contract – and not a handshake
– How to approach a construction contract efficiently and avoid “reading paralysis”
– Why “reading like a judge” matters, and how to do it
– What to look for in any construction contract – including the all-important prime contract
– How to spot the hidden traps (Hint: they’re never hidden)
– Quality of documents, or lack thereof
Our expert presenters include:
1. Geza Banfai, Counsel, McMillan LLP
2. Katy Fairley, Principal Consultant, Fairley Strategies
3. Trevor Ostapiw, Pre-Construction Manager, Graham
Moderator: Frank Faieta, Vice President, National Surety Risk Management, Trisura Guarantee Insurance Company
Monday, April 17, 2023 – Webinar #2: Read your construction contract: ‘Makin’ it work’: Scope definition and change management
When: 1:00 – 2:00 p.m. ET
In construction, it is essential to understand what you’re getting yourself into before you agree to perform the work as per specifications and drawings. Things are bound to change, but how is change accommodated in the contract? We’ll explore how scope is defined in a contract and how changes made can impact risk and your business.
Learning objectives:
– Importance of drawings and specifications
– Means and methods versus delegated design
– What to look for in the tendering process and if the contract passes the risk of site/existing conditions to you
– Can you rely on the information you are given?
– How to effectively deal with changes in the work, including getting decisions made quickly
– Dealing with who is doing what = making sure there are no “gaps”
Our expert presenters include:
1. Glenn Ackerley, Partner, WeirFoulds LLP
2. Trevor Ostapiw, Pre-Construction Manager, Graham
Moderator: Amber Sandhu, National Accounts Surety, Travelers Canada
Monday, May 1, 2023 – Webinar #3: Read your construction contract: ‘If I could turn back time’: Schedule, delay, and timing requirements
When: 1:00 – 2:00 p.m. ET
The old adage “time is money” is especially true in construction. Construction projects and contracts have contractual and statutory milestones that, if not adhered to, can limit a contractor’s ability to complete a project and move on to the next. We’ll explore these critical milestones and their implications in this CONnected webinar.
Learning objectives:
– Deepen your understanding of the major contractual milestones and corresponding prerequisites: Ready-for-Takeover, Substantial Performance of the Work, Warranty, and any Construction Completion/Final Acceptance Certificates
– Explore why giving “timely,” prompt, and proper notice in writing is imperative to ensuring your rights
– Recognize clauses that limit your ability to claim for damages/extras/changes due to delays
– What does ‘time is of the essence’ mean? What is force majeure, and will it protect you?
Our expert presenters include:
1. Katy Fairley, Principal Consultant, Fairley Strategies
2. Frank Faieta, Vice President, National Surety Risk Management, Trisura Guarantee Insurance Company
Moderator: Geza Banfai, Counsel, McMillan LLP
Monday, May 15, 2023 – Webinar #4: Read your construction contract: ‘Risky business’: Insurance, contract security, and indemnification
When: 1:00 – 2:00 p.m. ET
We’ve all heard of the “big three” risk provisions: insurance, contract security and indemnification. But what do they do and mean? Insurance is the most widely accepted means of financing contractual risks, along with contract security in the form of bonds. However, many lack a deeper understanding on these all important and critical risk provisions.
Join us as we deconstruct the contractual risk provisions of insurance, contract security and indemnification – and learn how to better protect yourself.
Learning objectives:
– While insurance is a requirement in construction contracts, a deeper understanding of the value of insurance and the risks around what might not be covered
– A deeper understanding of performance and payment bonds
– Develop an awareness of the risks associated with indemnification provisions, the contractual timing provisions around waivers of claim, and warranty
– The meaning of the terms Indemnification and Hold Harmless and how these obligations operate in the contract
Our expert presenters include:
1. Frank Faieta, Vice President, National Surety Risk Management, Trisura Guarantee Insurance Company
2. Geza Banfai, Counsel, McMillan LLP
Moderator: Glenn Ackerley, Partner, WeirFoulds LLP
Monday, May 29, 2023 – Webinar #5: Read your construction contract: ‘Show me the money!’: Financial clauses and getting paid
When: 1:00 – 2:00 p.m. ET
Cash flow is crucial to any business. Some clauses in a construction contact can play havoc with cash flow and can make or break your business. Educate yourself as to what the payment clauses mean and how they can impact your project and even your business.
Learning objectives:
– Explore how to protect your payments – obtaining fair payment terms upfront when all parties still get along. This may include advance payments, inflation gainshare/pain share, etc.
– Understand the payment process under your contract – timelines, compliant invoice and holdbacks (how much and what for?)
– Avoid pitfalls in negotiating a change order and proving entitlement
– Understand your rights when you haven’t been paid in accordance with your contract – interest on late payments, provincial lien acts, owner or contractor default
Our expert presenters include:
1. Amber Sandhu, National Accounts Surety, Travelers Canada
2. Trevor Ostapiw, Pre-Construction Manager, Graham
3. Glenn Ackerley, Partner, WeirFoulds LLP
Moderator: Katy Fairley, Principal Consultant, Fairley Strategies