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Papers and Presentations


Topics and titles which Rob Kennaley has presented in publications or in seminar format include:

  • The Construction Law Amendment Act, 2017

  • Navigating Everyday Construction Law Landmines: Best Practices for Smooth Digging

  • A Primer on Shop Drawings

  • A Case Study:  Where a Written Change Order is Required But Not Obtained

  • On Consequential Loss (a two-part series)

  • Deficiencies and Fundamental Breach of a Construction Contract

  • A Case Study:  of Underlying Work and Contractual Clarity

  • Legal Considerations for Design Consultants in Construction

  • Liability and Property Insurance Policies in Construction

  • A Case Study on Tendering IssuesThe Construction Trust: Understanding Your Rights and Obligations

  • The Glossary of Construction Law Terms (a three part series)
  • Construction Insurance:  An Overview
  • Practical Considerations: Emerging Issues in Bidding and Tendering
  • Bonds in Construction

  • The Duty of Fairness in the Law of Tendering in Canada:  An Ever Changing Landscape

  • The Construction Lien Act for Home-Builders and Developers

  • Hold Harmless Provisions in the Construction Contract

  • Managing the Risk of Change in the Construction Context

  • The Prime Contract and the Obligations of the Subcontractor

  • Termination of a Contract: Things to Think About Before Stopping the Work

  • Contracts, Liens and Collecting the Construction Debt

  • Addressing Escalating Fuel Prices and Materials Availability

  • Methods of Allocating and Managing Risk in the Construction Context

  • Tarion Warranty Corporation and the Construction Lien Act

  • Risk Management and Conflict Resolution

  • Understanding Your Rights and Obligations under the Construction Lien Act

  • The Construction Lien Act and the Consultant

  • Project Management and the Consultant

  • Contract Risk Management

  • The Construction Lien Act for the Material Supplier

  • Bidding & Tendering for the Public and Private Sector

  • What You Don’t Know Can Hurt You (full day risk management course)

  • Rights and Remedies under the Construction Lien Act

  • Contract Risk Management and Changes in the Work

  • Negotiating and Tendering the Road Maintenance Contract
  • Snow and Ice Maintenance Contracts and Liability for the Slip and Fall

  • Rights and Remedies under the Construction Lien Act

  • The New "Master Format" for Construction Specifications

  • Recent Changes to Standard Form Construction Documents

  • Walford v. Jacuzzi Canada Inc.:  A Court of Appeal Decision on the Duty to Warn

  • The Claim for Damages or Additional Compensation in the Construction Context

  • Your Client’s Claim for Damages for Deficient or Incomplete Work

  • Debt Collection for Contractors, Subcontractors and Suppliers (Parts I, II and III)

  • Taking Advantage of the Written Claim for Lien

  • Considerations for Design Consultants

  • Raising the Bar on Employment Law Issues

  • The Construction Lien and Condominium, Townhouse and Subdivision Projects

  • The Prime Contract and the Obligations of the Subcontractor

  • Majestic Design v. Bodnar: A Case Study

  • Aeberhard v. Hardy:  A Recent Finding that Breach of the Construction Trust Survives Bankruptcy

  • Scheduling and Delay Claims (a Five Part Series)

  • Using the Small Claims Court

  • The Scope of Work and Avoiding Client Disputes

  • Insurance Issues:  Are You Liable?  Are You Covered?

  • A Whole New Set of obligations:  The Recently Enacted Consumer Protection Act

  • Recent Changes in the Law of Tendering: 

  • Disclosed Criteria, Non-Compliant Bids and The Duty of Fairness

  • The Scope of the Standard Form Performance Bond: Revisiting Whitby Landmark in the Context of Lac La Ronge

  • The Snow Maintenance Contract: Managing the Risk of the Slip and Fall

  • Lien Rights for Maintenance Contractors

  • What does the New Limitations Act Mean to You?

  • The ‘Doctrine of Superior Knowledge’:  Holding Public Buyers to a Higher Standard in Pre-Construction Negotiations

  • Mandatory Mediation  (a two part series)

  • A Concern For Occupational Health and Safety

  • Preventative Medicine:  Avoiding Costly Litigation By Preparing For It

  • Contracts and Changes in the Work

  • The Construction Lien and the Holdback

  • The Contractor as Trustee:  Beware the trust provisions of the Construction Lien Act

  • So You Are a Design-Build Contractor:  Insurance Issues

  • The Remedies and Pitfalls of the Construction Lien Act:

  • A Risk Management Introduction for Consultants, Contractors, Subcontractors and Suppliers

  • The Snow Maintenance Contract and Liability for the Slip and Fall

  • Beyond the Design Function:  The Design Consultant’s Responsibility for Cost Estimates, Inspections, Site Supervision and the Tender Call

  • What Happens When Changes are Made?  Applying Pre-Emptive Measures for Dealing with Risk

  • Methods of Allocating and Managing Risk in the Construction Context

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