here - Reynolds Mirth Richards & Farmer LLP

November 27–28, 2012 • The Sutton Place Hotel • Edmonton
The Canadian Institute’s 5 th Annual
Managing Risk in
Construction
Contracts
The Latest Strategies for Mitigating Risk and Maximizing Profits
Through the Entire Lifecycle of Your Project
Eye-Opening Keynote Address –
Will You Have the Resources to
Get Your Next Job Done?
Patricia Mohr
Vice-President Economics and
Commodity Markets Specialist
Scotiabank
“A Look at the World Economy, the
Commodities that Drive the Canadian
Market and How it Will Impact You”
Benefit from the real world experience
and insight of industry leaders, including:
AECON
Alberta Coalition for Action on
Labour Shortages
Graham Earthworks and Underground
J.R. Huggett Company
Ledcor
Nexen
Suncor Energy
Media Partners:
NEW FOR 2012!
» Practical strategies and insight directly from your colleagues
on risk management for each stage of the project
» Essential labour shortage updates, resolutions and related risk
management control
» Techniques for effectively managing change orders
» Critical risk assessment tools after your project is in process
» Latest industry trends in insurance, bonding and the use of Subguard
…And much more!
Plus! Improve your skills by participating in our hands-on, interactive
Pre-Conference Training Course:
Risk Management in Tendering and Estimating for Intermediate
to Senior Level Estimators and Project Managers
And, the Post-Conference Master Class:
Mastering the Skill Set Required for Successful Negotiation –
From Pre-Tendering to Project Completion
Sponsored by:
EARN
CPD
HOURS
REGISTER NOW • 1-877-927-7936
CanadianInstitute.com/contracts

Seize the Opportunity to Increase Your Efficiency and Profitability!
Now more than ever, managing risk effectively has become a business imperative. The cost of
risks that are not effectively identified and mitigated result in litigation and claims, project delays
and cost overruns– which will all take a toll on your profit margins.
Whether you are new to the industry or have been involved for years, join us on November 27-
28, 2012 in Edmonton at The Canadian Institute’s Managing Risk in Construction Contracts
conference and acquire the latest and most practical information necessary for managing risk
throughout your entire project – as well as gain critical insight into the hottest issues in the
construction industry today.
This year the program has been revamped and refreshed and will include industry perspectives
and case studies to solve your most pressing issues today, including:
» Up to date insight regarding the labour shortage issue and how it will affect you
» The latest strategies for mitigating risk at all stages of a contract: from pre-tendering
to risk assessments after the project is in process
» Effectively managing change orders to decrease delay and costs
» Recent trends in insurance, bonding and the use of Safeguard: hear what others in the
industry are doing
And much more!
PLUS! Add value to your conference experience by attending the interactive and hands-on
Pre-and Post-Conference Training Course and Class:
A Risk Management in Tendering and Estimating for Intermediate to Senior Level
Estimators and Project Managers. This course will provide you with all of the technical,
nitty-gritty information you require to manage risk on the job.
B Mastering the Skill Set Required for Successful Negotiation – From Pre-Tendering to
Project Completion will allow you to walk away with the skill set to effectively bargain
during construction contract creation, throughout the life cycle of the project and when
projects go wrong.
Register today by calling The Canadian Institute at 1-877-927-7936, by faxing your registration
to 1-877-927-1563 or be registering online at www.CanadianInstitute.com/contracts.
We look forward to seeing you at the event in November!
Legal Accreditation
EARN
CPD
HOURS
This program may be eligible toward the Law Society’s CPD Requirement as Substantive Hours. Please
note that this program is not accredited for Professionalism Hours or the New Member requirement.
This program has been approved by the Law Society of Saskatchewan for 8.0 CPD hours for the
conference. Members will also receive 3 additional CPD credit hours for the attendance at the workshop.
The same number of hours may be applied toward your continuing legal education requirements in British Columbia.
The Barreau du Quebec automatically recognizes the same number of hours for this training activity, the latter
having been accredited by another Law Society subject to MCLE.
Attendance at this program by members of the Law Society of Alberta may be submitted to the Law Society for
Continuing Professional Development credits.
Who should attend
✓ Senior executives from owner
and contractor companies
✓ Risk Managers
✓ Project Managers
✓ Estimators
✓ Contract specialists/managers
✓ Field Engineers
✓ Project Coordinators
✓ In-house counsel
✓ Private practitioners practicing
Construction Law
✓ Construction consultants
Who Will Be There:
Co-Chairs
William Kenny
Partner, Miller Thomson LLP
Bob Walker
Vice-President Construction, Ledcor
Speakers
Geoff Blackie
Legal Counsel, Suncor Energy
John N. Craig
Partner & Co-Head of Construction
Bennett Jones LLP
Edwin Ewanchuk
Independant Consultant
Bruce Ferguson
Managing Senior Principal
Stantec Consulting Ltd.
Jim Freiburger
Manager of Contracts, Projects, Oil
Sands Project Development & Execution,
Enterprise Supply Chain Solutions
Nexen Inc.
Barry Haughian
Senior Principal, Stantec
Jonathan R. Huggett
Principal, J.R. Huggett Company
Donald C. I. Lucky
Partner
Reynolds Mirth Richards & Farmer LLP
Tim C. Mavko
Partner
Reynolds Mirth Richards & Farmer LLP
Patricia Mohr
Vice-President Economics and Commodity
Markets Specialist, Scotiabank
Patricia Morrison
Partner, Borden Ladner Gervais LLP
Shane Nickolson
Chief Estimator
Graham Earthworks & Underground
Chris Petrucci
Blake, Cassels & Graydon LLP
Douglas Sanders
Partner, Borden Ladner Gervais LLP
Corey Sandquist
Legal Counsel, AECON
Tim Shipton
President, Alberta Enterprise Group
Member of Alberta Coalition for Action
on Labour Shortages
Lorna Tardif
Principal, Tardif Murray & Associates Inc.
David V. Tupper
Partner, Blake, Cassels & Graydon LLP
Register at 1-877-927-7936 or www.CanadianInstitute.com/contracts

Workshop A ⁄ Monday, November 26, 2012
9:00 a.m. to 4:00 p.m. (Registration will start at 8:30 a.m.)
Pre-Conference Training Course: Risk Management
in Tendering and Estimating for Intermediate to
Senior Level Estimators and Project Managers
Master Class Leaders:
Lorna Tardif
Principal
Tardif Murray & Associates Inc.
Chris Petrucci
Blake, Cassels & Graydon LLP
The construction industry relies on skilled, trained people – however
labour shortage issues, coupled with a large faction reaching retirement
age, leave a large gap of individuals who require in-depth training to
step in to fill those roles as qualified senior managers.
This hands-on and interactive course is designed to provide you with
all of the technical, nitty-gritty information you require to manage
risk on the job. You will walk away with the tools you need to go back
to your organization and apply the strategies you learn in this course
to your current and future projects. Upon completion of this course you
will be able to:
• Develop an accurate site work estimate
• Put into practice real-life methods for determining job costs
• Use correct formats for clearly estimating equipment, labour,
material and other service costs
• Assess how a variety of physical site complexities may affect
the estimated costs of a project and use methods to counteract
these variances
• Better identify and interpret site conditions, special conditions
and technical specifications associated with site work projects
• Apply effective strategies for mitigating risk during tendering
in a sub-contracting situation
• Understand all contract terms and conditions, liquidated
damages, completion penalties, schedule, payment clauses
• Have a firm grasp of all types of bids/rules and considerations
(i.e. lump sum, cost plus, fixed fees, unit prices etc.)
- Which have the greatest risk, what are those risks and best
methods for mitigation
• Comprehend the different markets – Industrial vs. Infrastructure
vs. Commercial, Private vs. Public Tender market etc.
• Understand the definitions and differences between union
vs. Non-Union or Open Shop
• Quality control and safety, including for bids
• Effectively manage “top risks,” such as weather (schedule),
labour and equipment
DAY 1 ⁄ Tuesday, November 27, 2012
8:00 Registration Opens and Coffee Served
9:00 Opening Announcements from the Co-Chairs
William Kenny
Partner
Miller Thomson LLP
Bob Walker
Vice-President Construction
Ledcor
9:15 Proven Strategies for Assessing Risk During the
Pre-Tendering Stage
Risk Management By Contract: STAGE 1
Shane Nickolson
Chief Estimator
Graham Earthworks & Underground
Construction has always been a high risk industry, and the cost of risks
not effectively mitigated can take a large toll on profit margins. Good
risk management, right from the very beginning, offers the opportunity
to increase efficiency and profitability. Attend this session and learn how
your peers are keeping pre-tendering risks to a minimum! Hear your
colleagues share how they are effectively identifying and assessing risk
prior to committing to a contract today.
• Compare and contrast top strategies for pre-tender planning
• Determining your chances to win a bid
• Evaluating the appropriate project delivery system in today’s
market
• What you need to look for before committing to a contract:
Examining the rights and obligations from all sides
• How to price risk effectively during the bid process
• The contract forms and clauses used to address commonly
identified risks
• Common, and not so common, pre-tender disputes and how
to avoid them
• Global perspective: Identifying the extra risks for
international bids
Q&A: Take this opportunity to ask your most burning questions!
10:15 Networking Coffee Break
10:30 The Latest Best Practices for Conducting a Formal
Risk Review
MEDIA PARTNERS:
The Saskatchewan Heavy Construction Association
(SHCA) is a member-driven organization with a Board
of Directors drawn from the membership, and a President
and staff who work with the Board to provide the best representation, advocacy, and
services to all members. Our members are from all across Saskatchewan, and we
represent companies large and small. www.saskheavy.ca
Reed Construction Data is Canada’s
most comprehensive provider of integrated
information solutions to the construction
industry. Serving the Canadian construction
industry since 1911, Reed Construction Data, publisher of the Daily Commercial
News, is Canada’s authoritative and trusted source for industry news and
information solutions. www.reedconstructiondata.com/can
Risk Management
By Contract: STAGE 2
Jonathan R. Huggett
Principal
J.R. Huggett Company
Corey Sandquist
Legal Counsel
AECON
• Various methods used for evaluating risk
• Comparing a free-form risk evaluation process versus the
use of formal tools that assign scores to each risk
• Highlighting the risks that vary drastically from project to
project versus risks that are critical across all project types
• The risks deemed serious enough to warrant individual risk
mitigation strategies
Register at 1-877-927-7936 or www.CanadianInstitute.com/contracts

• Top risk mitigation strategies employed: what worked and
what didn’t
• Accurately measuring potential and actual impacts of risk:
Examples of how to break down risks into actionable levels
of detail
• Closely examining the market conditions affecting construction
contracts
• When risks assessments fail – learning from others
• Global perspective: Additional risk to be aware of when
entering a contract with a foreign government-owned company
- Immunity: Can you bind a foreign government?
Q&A: Take this opportunity to ask your most burning questions!
11:30 The Key to Risk Mitigation: Effective Risk Assessment
After a Project is in Process
Risk Management
By Contract: STAGE 3
Barry Haughian
Senior Principal
Stantec
Once an initial risk assessment is completed and the project begins, it is
imperative to engage in regular reviews of the project to take the pulse
of mitigation strategies for previously identified risks and to proactively
deal with any new, previously unidentified risk. Your organization
engages in this review activity in its own way, but how does your review
process stack up to your peers?
• How often should you be engaging in regular reviews?
• Which stakeholders in a company should be involved?
• Reevaluating known risks – lower priority or eliminate
as risk windows close?
• Identifying and evaluating new and unexpected risks
• Integrating new and unexpected risks into overall plan
• Assessing contingency levels required as risk table evolves
12:15 Networking Luncheon for Delegates and Speakers
1:30 Drafting Contract Documents that Clearly and
Reasonably Apportion Risks
Reduce the Likelihood
of Litigation
Tim C. Mavko
Partner
Reynolds Mirth Richards & Farmer LLP
• Correctly defining the rights, obligations and risks of both parties
• How to successfully choose appropriate dispute resolution
clauses in your construction contract
- Building appropriate, but flexible, dispute resolution
mechanisms into the contract
• Key considerations for evaluating the enforceability of the contract
• How both owners and contractors can minimize their exposure
• A checklist of what you should watch out for when reading
a draft contract
- Noteworthy red flags
• Top strategies for managing risk during contract formation
Q&A: Take this opportunity to ask your most burning questions!
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2:15 Networking Coffee Break
2:30 INTERACTIVE SESSION: Effectively Managing Change Orders
Reduce the Likelihood of Litigations
Geoff Blackie
Legal Counsel
Suncor Energy
Edwin Ewanchuk
Independant Consultant
Jim Freiburger
Manager of Contracts, Projects, Oil Sands Project
Development & Execution, Enterprise Supply Chain Solutions
Nexen Inc.
• Strategic prevention: Assessing factors that typically cause
disputes during the project lifecycle
• Important change order language
• How contractors and owners successfully negotiate
• Key factors in evaluating whether to proceed with ADR or not
• Working through case studies:
Scenario A
A contract dispute has arisen over a change, but there is a clause
stipulating that the contractor must continue working prior to triggering
the ADR mechanism:
• Will the contractor still be able to collect payment at the end
of the project?
• Will the contractor only receive cents on the dollar?
• What are the most effective steps to take for both parties?
Scenario B
An owner is working with a contractor for the first time, how do you
approach the relationship and what do you stipulate/tell them you expect
in the working relationship.
Scenario C
The contractor requires an additional change order and he/she submits
a new price for the extra work and/or materials, however the owner
disagrees with the estimate
• How should the parties proceed?
Take this opportunity to share and resolve your current issues
3:30 IN-DEPTH ROUNDTABLE: Recent Trends in Managing
Risks Through Insurance, Bonding and Subguard
Protecting Yourself Against Losses
Bruce Ferguson
Managing Senior Principal
Stantec Consulting Ltd.
David V. Tupper
Partner
Blake, Cassels & Graydon LLP
Join this lively discussion which will explore, dissect and compare the
effective ways for managing risks through insurance, bonds and Subguard
in today’s marketplace. Both insurance and bonds deal with different risks
and some owners are moving away from paying the price of bonding.
How do you stack up to your peers’ approaches to minimizing loss? Are
you aware of the implications of the new bond wording? Hear how
others are managing their losses, the choices they are making between the
various products and understand the risk associated with each decision.
4:15 Co-Chairs’ Closing Remarks
Register at 1-877-927-7936 or www.CanadianInstitute.com/contracts

DAY 2 ⁄ Wednesday, November 28, 2012
8:15 Coffee Served
8:45 Opening Remarks from the Co-Chairs
9:00 Will You Have the Resources To Get the Job Done? A
Look at the World Economy, the Commodities that Drive
the Canadian Market and How it Will Impact You
Keynote Address
Patricia Mohr
Vice-President, Economics and Commodity Market Specialist
Scotiabank
The construction industry feeds off market demand, and as global
market demand increases – risks, such as labour shortages, go up. This
means that it is crucial for proactive planning and foresight to take the
pulse of the world economy and the commodities that drive our markets.
Will you have the resources that will be required for future projects?
Patricia Mohr will delve into global stability – including taking a close
look at the European and Chinese markets – discuss future demands
for certain commodities and explain how it will impact you at home.
9:45 Critical Labour Shortage Updates: Managing Related
Risk and Exploring Shortage Resolutions
Labour Shortage
Tim Shipton
President, Alberta Enterprise Group
Member of Alberta Coalition for Action on Labour
Shortages
William Kenny
Partner
Miller Thomson LLP
• Strategies for managing risks related to importing labour
• Labour shortage as a force majeure
• Navigating related union issues
• Steps being taken and an up to the minute update by the
ACALS
• Alternatives to resolving the shortage
- Training domestically versus employing foreign workers
- Tapping into non-traditional markets
10:45 Networking Coffee Break
11:00 Comprehensive Construction Case Law Review for
Owners and Contractors
Construction Case Law
Donald C. I. Lucky
Partner
Reynolds Mirth Richards & Farmer LLP
• Taking a closer look at how many times a contractor can sue
an owner under the same construction contract: Hnataik v.
Assured Developments Ltd
• Understanding the recent builders’ lien cases
• First indications of how Tercon will be applied by the courts:
Roy v. 1216393 Ontario Inc
• What you need to know about the latest cases regarding
insurance clauses
11:45 Identifying and Managing Contract Risk When Working
with International Contractors
International
Perspective
John N. Craig
Partner & Co-Head of Construction
Bennett Jones LLP
• Identifying the classes of added risk in an international contract
• Ranking relevant jurisdictional risks
• Strategies for mitigating cultural and jurisdictional risk
• Ensuring adequate quality of foreign materials
• How to effectively communicate objectives to foreign
suppliers and contractors
12:30 Co-Chairs’ Closing Remarks
*A light lunch will be provided for delegates staying for the afternoon
Master Class
Workshop B ⁄ Wednesday, November 28, 2012
1:30 to 4:30 pm (Registration will start at 1:00pm)
Post-Conference Master Class: Mastering the
Skill Set Required for Successful Negotiation –
From Pre-Tendering to Project Completion
Master Class Leaders:
Patricia Morrison
Partner, Borden Ladner Gervais LLP
Douglas Sanders
Partner, Borden Ladner Gervais LLP
This in-depth Master Class was developed to enhance the most
crucial and useful skill necessary for success in construction completion
– negotiation.
This class will provide you with the practical knowledge and skill
set to effectively bargain during construction contract creation,
throughout the life cycle of the project and when projects go wrong.
Acquire all of the key elements that drive effective negotiation by
learning best practices for:
• Negotiating during the pre-tender stage
• Accurately assessing and positioning your bargaining power
in the current market
• Covering key terms and clauses in construction contracts
during negotiation
• Negotiating potential schedule disruptions, pricing
fluctuations, and other contract administration concerns
• Examining important communication protocols
• What to do when you reach a stalemate on a number
of issues without stalling the entire project
• The importance of resolving the dispute at the lowest level
possible
• Developing an internal plan for the dispute resolution process
• Negotiating skills required for maintaining a good working
relationship throughout the life cycle of a project
• Understanding key differences in negotiating in a public
versus private environment
• Exploring appropriate and flexible dispute resolution mechanisms
SPONSORSHIP & EXHIBITION OPPORTUNITIES
Maximize your organization’s visibility in front of key decision-makers in your target market. For more information, contact Director
Business Development Daniel Gellman at 1-877-927-0718 ext. 7389 or by email at d.gellman@CanadianInstitute.com
Register at 1-877-927-7936 or www.CanadianInstitute.com/contracts
©The Canadian Institute, 2012

November 27–28, 2012 • The Sutton Place Hotel • Edmonton
The Canadian Institute’s 5 th Annual
Managing Risk in
Construction
Contracts
The Latest Strategies for Mitigating Risk and Maximizing Profits Through
the Entire Lifecycle of Your Project
To expedite your registration, please
mention your Priority Service Code
421L13.INH
REGISTRATION FORM
1175580
ATTENTION MAILROOM: If undeliverable to addressee, please forward to:
Owner, Vice President, Counsel, Risk Manager, Senior Project Manager, Senior Estimator
1YES! Register the following delegate for Managing Risk in Construction Contracts
FEE PER DELEGATE Register & Pay by October 29, 2012 Register & Pay after October 29, 2012
Program (on site) $2095 $2295
Program + Master Class $2690 $2890
Program + Full-Day Training Course $2990 $3190
ELITEPASS*:Program + Full-Day Course and Master Class $3585 $3785
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PLEASE ADD 5% GST TO ALL ORDERS
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Please add a copy of the *Program Proceedings BINDER or CD-ROM to my order for $295 + 22.95 (S+H) + applicable taxes
*Program Proceedings are published and shipped 4 weeks from the program
I cannot attend but would like information on purchasing a copy of the Program Proceedings
*ELITEPASS is recommended for maximum learning and networking value.
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TOP REASONS TO ATTEND
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Hear directly from the Alberta
Coalition for Action on Labour
Shortages
Exclusive keynote address:
How the world economy/demand
for commodities will affect you
Compelling insight and practical
strategies from leading counsel
and industry professionals for
managing risk at every stage of
your project
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PROGRAM CODE: 421L13-EDM
VENUE: The Sutton Place Hotel
ADDRESS: 10235 101 Street, Edmonton, AB
TEL.: 780-428-7111
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For information on hotel room availability and reservations, please
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breaks and lunches.
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information on group rates, please call 1-877-927-7936.
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