Interpretation and Enforcement of Construction Contracts
Fee: $2,415 / Online / Nov 24 - 27, 2026 / Course Code: 17-1003-ONL26
OVERVIEW
Please note, This instructor-led course has specific dates and times:
This course is held online over 4 days on the following schedule (All times in Eastern Time Zone): Day 1-3 10:30 am to 5:00 pm Eastern (40 minute lunch + two 10 minute breaks ) Day 4, 10:30 am to 4:00 pm Eastern (40 minute lunch + two 10 minute breaks)
By the end of this course, you will be able to:
Interpret construction contract language and assess enforceability in real project scenarios
Allocate and manage risk across owners, contractors, and consultants using structured approaches
Evaluate claims, delays, and change orders, and determine appropriate contractual responses
Quantify damages and assess financial impacts of disputes, changes, and performance issues
Apply contract administration and documentation practices to prevent and manage disputes
Description
Construction projects are governed by complex contracts that define responsibilities, allocate risk, and establish the foundation for resolving disputes, yet misinterpretation, incomplete documentation, and poorly managed changes continue to drive costly claims and delays. Understanding how contracts are structured, interpreted, and enforced is critical to maintaining project control and protecting both schedule and financial outcomes.
This course addresses the practical challenges of contract administration and dispute management across the full project lifecycle, from bidding and contract formation through changes, claims, and enforcement. It focuses on how risk is allocated and managed between parties, how delays and productivity issues are analyzed, and how damages are quantified and defended.
Through applied case studies and workshops, this course provides structured approaches to interpreting contract language, managing documentation, evaluating claims, and selecting effective dispute resolution strategies. The result is improved decision-making, reduced exposure to disputes, and stronger control over project outcomes.
Who Should Attend
This course is designed for:
Engineers and engineering technologists involved in construction projects
Project managers, contract administrators, and construction professionals
Consultants advising on design, risk, or contract compliance
Contractors and owners responsible for contract execution and claims management
Early- to senior-career professionals seeking to strengthen contract interpretation and risk management capabilities
Requirement:
Participants are expected to have some technical knowledge of the subject matter.
SYLLABUS
Day I
Best Practices for Managing Risk in Construction Contracts
What should an owner be on the lookout for?
What should the contractor be aware of? Knowing your rights and obligations
What should the consultant be aware of?
Crucial factors to look for in effective contract administration
Top tips for managing risk in construction contracts
Workshop 1
Case Study: Risk Management and Allocation of Risk
Discussion of lessons learned
Construction Project Administration
Parties to the process
Relationships among the parties
Responsibility, risk allocation, and management
Record keeping
Contract administration: the paper trail, coordination, negotiations, payments, changes, inspection/quality control, project close-out
Workshop 2
Case Study: Establishing a Responsibility Matrix and Line of Communication
Discussion of lessons learned
Enforcement of Contracts
Basic principles
What is a contract?
Enforceability
Evidence of intention to be legally bound
Agreement as to the subject matter
Written versus verbal contracts
Enforcement - what does it mean?
Specific performance versus damages
Calculation of damages
Limitations on the recovery of damages
Structure of Construction Contracts
The evolution of construction contracts
Allocation of risk
Fixed-price
Cost-plus
Unit price
Construction management
Design/Build and EPC
P3
Day II
Claims by Contractors / Claims by Owners
Restricted access/changed conditions: late and incomplete drawings or equipment, active interference with the contractor’s means and methods, constructive acceleration, termination and suspension
The contractor walks off the job and delays completion: liquidated damages
The contractor finishes with deficiencies: cost vs diminished value claims against design consultants
Workshop 3
Case Study: Designing Forms for Different Administrative Activities
Discussion of lessons learned
Pricing the Changes and the Process of Effecting Changes
Introduction
Factors that affect the pricing of changes
Extras and changes
Changes in work
Resolving disagreements on changes
Payment for extras and changes: resolving disputes
Bids: Avoiding Interpretation and Enforcement Problems
The tendering process
The contractor’s obligations to the owner: the Ron Engineering revolution
Obligations of the owner to contractors: M.J.B. Enterprises, Martel Building and Double N Earth Movers
Exclusion of liability for owner’s breach of contract: Tercon v British Columbia
Bid evaluation; preventing ambiguities; technical evaluation (time, performance); financial evaluation
Minimizing the risk of bid disputes
Day III
Damage Quantification
Pros and cons regarding the various means of quantifying the cost
Direct and indirect cost/equipment ownership
The failings of the total cost approach
Workshop 4
Case Study: Quantifying Change Order Claims
Discussion of lessons learned
Understanding Delay and Productivity Claims
Types of delay: means and methods of analyzing delay
Factors which affect productivity, discussion on different methods of calculating productivity claims (i.e. differential cost method, measured mile approach), estimated cost/industry charts)
Workshop 5
Case Study: Using CPM for Delay Analysis
Discussion of lessons learned
Interpretation of Contract Language by the Courts
How do courts interpret contracts?
General principles
Specific rules
Exclusion and limitation of liability clauses
Warranty provisions
Importance of contractual notice requirements
How courts resolve disputes over extras and changes
Contractual responses to the risk of adverse site conditions
Delay claims
Contractors’ delay claims against owners
Owners’ delay claims against contractors
Enforceability of liquidated damages
Day IV
Claim Prevention and Management
Mitigation of Claims
Documentation of Claim Events
Knowing Your Contract
Do Not Waive Claims
Monitor Job Progress
Monitor the Impact of the Schedule
Dispute Resolution
Strengths and weaknesses of alternative strategies such as negotiation, partnering, mediation, project neutrality, arbitration and litigation
Discussion of available strategies during and after construction is complete
Controlling costs while resolving disputes
Bonding
The parties - principal, surety, and obligee
The business of bonding
Bonding versus insurance
Types of bonds
Bid bonds
Performance bonds
Labour and material payment bonds
Insurance
Insurance requirements of the contract
What kind of insurance is available?
What does the insurance cover?
How to deal with insurance companies
Workshop
INSTRUCTOR
Fercan Corporation
Waterloo, ON
Prof. Sami M. Fereig, B.Sc. [Hons], M.A.Sc., Ph.D., LL.M. [Construction Law], P.Eng., PMP, F.ASCE, F.PMCOS, Q.Adj (Const).
Prof. Fereig has over 50 years of experience in civil engineering, including construction, contract management, and dispute resolution. He received his doctoral degree from the University of Waterloo. He was the lead instructor of the Certificate Program in Conflict and Dispute Management for Project and Contract Managers at Conrad Grebel University College from 2002 to 2016. He was a senior bridge engineer and senior structural engineer for two local consulting engineering firms in Brantford and Hamilton, designing bridges, restoring existing bridges, and designing connecting roads.
Sami is the founder and president of Fercan Corporation, which has provided construction development for a condominium project in Kitchener and training, dispute resolution, and project management for construction. He is actively involved in construction contract administration and project management with several organizations, including public and private engineering and construction companies. He has numerous publications in construction management and structural engineering.
He is the co-author, with Salem Fereig, of the recently released textbook, ‘Collaborative Construction Contract Management in Canada – Vol. 1: Pre-Construction and Vol. 2: Construction, Close-Out and Commissioning’. Both volumes are available on Amazon in paperback and e-book (Kindle) formats. To view Volume 1, see https://www.amazon.ca/Collaborative-Construction-Contract-Management-Canada-ebook/dp/B0FX3JCHQW. To view Volume 2, see https://www.amazon.ca/dp/B0G6G9ZS3D
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