Summary of Meetings: Construction Law
Number of Meetings Held:5
September 23, 2020
Registration Count: 29
Guest Speaker: Rosalie Clark - Associate, Clark Wilson Seema Lal - Principal, SHK Law Corporation
Meeting Title/Topic: An Overview of COVID-19 Court Processes and Legislation
Synopsis: Overview of the current status of COVID-19 related legislation (including the status of amendments made to pre-existing legislation) and COVID-19 related court processes in the Provincial and Supreme Courts and the Court of Appeal. Discussed the status of relevant cases that have considered COVID-19 related delay issues.
October 27, 2020
Registration Count: 23
Guest Speaker: Tim M. Sportschuetz, Principal, Sportschuetz & Company Construction Lawyers
Meeting Title/Topic: British Columbia Community Benefits Agreement: A Closer Look
Synopsis: In July 2018, the Government of British Columbia introduced the Community Benefits Agreement (the “CBA”) to govern major, publicly-funded infrastructure projects in British Columbia. The CBA is an agreement between a newly-formed Provincial Crown corporation, the British Columbia Infrastructure Benefits Inc. and 19 pre-approved trade unions, collectively organized under a conglomerate named the Allied Infrastructure and Related Construction Council of British Columbia.
Tim Sportschuetz discussed and provided an overview of the CBA and answered questions from attendees about the CBA.cy, shares practice tips and discusses challenging case scenarios.
November 23, 2020
Registration Count: 87
Guest Speaker: Dirk Laudan and David Mckenzie, members of the Builders Lien Act Reform Project Committee
Meeting Title/Topic: Builders Liens: Reform and Recent Developments
Synopsis: The Builders Lien Act is a complex piece of legislation that is one of the major cornerstones of construction and insolvency law. It gives contractors, material suppliers, and individual workers several forms of security for payment for work done or materials supplied to a building site, most notably a lien on the land. Since the introduction of the current Builders Lien Act in 1997, the construction and development industries have continued to evolve. In addition, important appellate decisions have interpreted the legislation in ways surprising to many practitioners. In this webinar, members of the Builders Lien Act Reform Project Committee Dirk Laudan and David Mckenzie discussed the work of the Committee and the resulting Consultation Paper on the Builders Lien Act, released in September 2019.
January 28, 2021
Registration Count: 59
Guest Speaker: Jen Hancock, VP, Collaborative Construction, Chandos Construction Ana Maria Llanos, Principal, Diamond Schmitt Architects Inc. Doug Sanders, Partner, BLG David Little, Partner, Bennett Jones
Meeting Title/Topic: Using IPD Delivery for Construction Projects
Synopsis: There is both interest and uncertainty around the use of the less traditional method of construction delivery known as Integrated Project Delivery, or IPD. The CCDC recently released the CCDC 30 - Integrated Project Delivery Contract as a standard form document for IPD projects. How are professionals navigating through the design, construction, administrative and legal aspects under this seemingly uncharted framework? In this webinar Jen Hancock, VP Collaborative Construction of Chandos, Ana Maria Llanos, Architect at Diamond Schmitt Architects, Doug Sanders of BLG and David Little of Bennett Jones shared their insights and experiences on using IPD.
April 13, 2021
Registration Count: 63
Guest Speaker: Fergus McDonnell, Associate, Fasken
Meeting Title/Topic: Bankruptcy and Insolvency Issues in Construction Projects
Synopsis: Insolvencies can wreak havoc on a project when a key party in the contracting chain becomes insolvent. The challenge for the other participants can be two-fold: (a) how to respond and what to do in real time on the project and (b) how to approach the insolvency proceedings and protect their rights in the longer term. Fergus McDonnell, is a business lawyer in Fasken’s Vancouver office with a focus on infrastructure projects and construction as well as insolvency and restructuring processes, particularly in relation to projects that require restructuring or completion within formal insolvency proceedings. Fergus has acted for debtors, creditors, trustees, receivers and monitors related to restructurings, receiverships and bankruptcies. In his presentation, Fergus provided an overview of the following:
- The types of insolvency proceedings (CCAA, BIA Proposal, Bankruptcy, Receivership)
- Role of the Court Officer
- Key implications for owner/developer insolvency, general contractor insolvency, and lower tier supplier/subcontractor insolvency
- The first questions to ask
- Priorities- a few principles
- Limping the Project Over the Line- share the pain…?
- Key takeaways