Managing Risks from Below: Helpful and Problematic Clauses When Looking Up the Construction Ladder (for contractors, subcontractors and suppliers)
With new and divergent risks emerging constantly, and with contract risk being increasingly pushed down the construction ladder in different ways, taking stock of how you manage risk when looking up the ladder (both in general and on individual projects) is important. This is particularly so given our Court’s inclination to impose contractual terms as written, absent unusual circumstances that may be very difficult to prove.
In this hour and a half webinar followed by Q&A session, lawyers at Kennaley Construction Law highlight and discuss risks that you should be aware of, as well as how the person above you might look to off-load them on to you. Practical strategies and useful contractual terms and conditions will also be discussed.
Topics (or risks) covered in this seminar include:
notice provisions and delay or unforeseen conditions clauses;
pay-when-paid, pay-if-paid and unusual payment certifier clauses;
contract “equivalency” clauses, which go beyond the ‘pay-when-paid’ to provide (in various possible forms) that subcontractors will only be compensated for changes or delay if the compensation is collected from the Owner;
material price/labour costs escalation and material/labour shortages;
COVID-19 and the associated scheduling, cost and health and safety risks;
Construction Act risks, including those related to prompt payment and adjudication (which are not satisfactorily addressed in standard form contracts);
over-reaching hold harmless and indemnification provisions;
over-reaching insurance provisions; and
dispute resolution clauses
Managing Risks from Below: Helpful and Problematic Clauses When Looking Up the Construction Ladder
The Meat of Ontario’s New Excess Soils Regulation Comes into Force January 1st, 2022: Are you Ready?
Our latest webinars were held in person at a lunch and learn at the Barrie Construction Association on December 9th, 2021 and an online webinar for the Windsor Construction Association held on December 16th, 2021. In both sessions, Rob Kennaley of Kennaley Construction Law and Chris Pare of Dragun Environmental Advisers provided an overview of the O.Reg 406 – The New Excess Soils Regulation legislation along with practical strategies for owners, contractors, subcontractors and disposal site operators. Topics covered included:
understanding the changes: a new regime with a new purpose;
the broad definition of “excess soil” and how it must be dealt with;
the intensive record keeping and reporting requirements;
the ‘beneficial purpose’ test and options for assessment, treatment
the critical importance of the ‘Project Leader’: who will assume that role?
when can I pass my obligations on to another through contract?
the numerous exemptions: when might the Regulation not apply?
available resources to help you get ready.
Ontario's new regulation for On-Site and Excess Soil Management,
In our last webinar, held on February 2nd, 2021, we looked at Ontario's new regulation for On-Site and Excess Soil Management, Regulation 406/19 (passed under Ontario's Environmental Protection Act), which came into force on January 1, 2021. Intent to ensure that excavated soils are treated as resources to be beneficially re-used wherever possible, the regulatory requirements are very different from what has come before. The new provisions are detailed, complicated and are being phased in over the next 5 years. In this free webinar, we were joined by head of EXP's Risk Assessment and Markham Environmental Team, Ruxandra Côté who is well versed in the Regulation to overview the application of this legislation for owners, developers and all parties down the construction ladder.
The webinar proved very successful, attracting over 200 attendees. For those who missed it we have made it available for viewing below, along with our presentations available for download.
COVID-19 and the Construction Industry
With COVID-19 upon us, we felt the need to provide our clients and construction industry participants with free webinars to help all better manage their risks, including those associated with delay, frustration, force majeure, claims, changes in the work, notice, schedule extensions, suspension of work, termination of contract and dispute resolution, as well as (with the help of our friends at Sherrard Kuzz LLP), OHSA, labour and employment issues including best site practices, work refusals, lay-offs and termination.
The webinars proved very successful, attracting well over 500 attendees on first session and a minimum of 100 attendees for each subsequent session. Given the response and demand we have made video recordings of select sessions, along with our presentations available for download below.
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