TRAINING.

Using Standard Form Contracts for Construction and Design Services

Online /
Nov 23 - 24, 2020 /
Course Code: 11-1135-ONL20

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  • Overview
  • Syllabus
  • Instructor

Overview

Please Note:
*********************************************************************************
This course is held online over 2 days on the following schedule (All times in Eastern Time Zone):
8:30 am to 4:30 pm Eastern (Will include the usual breaks) *********************************************************************************

After Participating in this Course, You Will Be Able To:

  • Use the principal Canadian standard form construction documents issued by the Association of Consulting Engineers of Canada (ACEC), the Royal Architectural Institute of Canada (RAIC), and the Canadian Construction Documents Committee (CCDC)
  • Recognize how construction contracts allocate risk among the parties and why it is to your advantage to use standard form construction documents to allocate that risk in a manner that is fair and appropriate
  • Minimize contract disputes and claims by using the standard form contract documents during the course of an engineering and construction project by managing the project fairly

Description
When new contract documents are written, considerable effort is necessary to ensure that they are complete, consistent and critical items are not overlooked. You can avoid these problems by using standard documents that are well-designed, thoroughly reviewed, and accepted by major construction industry organizations.

You will learn how to reduce the occurrence of these problems by using a standardized set of contract documents developed by various industry organizations in Canada including the Canadian Construction Documents Committee. The CCDC is a broad-based coalition of construction industry organizations whose mission is to develop and distribute quality construction documents that are both complete and fair.

Course Outline

  • Theory and Practice of standard form contracts
  • The bidding process
  • The structure of construction contracts – fixed price, unit price, construction management, design-build, P3
  • A close look at standard terms and conditions
  • Modifying standard forms to suit your project – supplementary conditions
  • Workshop in choosing a standard form and adapting it
  • Design services contracts
  • Subcontracts, and standard form administrative documents and support forms

Who Should Attend
Those responsible for developing, managing and using construction contract documents in industrial, commercial, institutional and multi-unit residential buildings, including:
Owners • Principals • Construction Managers • Owner Representatives • Engineers • Project Managers • Contract administrators • Consulting engineers • Architects • Contractors • Procurement managers

Special Features:

  • Instruction from experienced faculty
  • A comprehensive set of presentation material by the instructor
More Information

Syllabus

Please Note:
*********************************************************************************
This course is held online over 2 days on the following schedule (All times in Eastern Time Zone):
8:30 am to 4:30 pm Eastern (Will include the usual breaks) *********************************************************************************

Day I

Registration and Coffee

Welcome, Introduction, Workshop Preview, Learning Outcomes and the Assessment Method

Introduction

  • Relationship of contract and tort law to contract documents
  • Types of construction contracts
  • Who develops standard form documents?
  • The power of standard form documents: legal, economic, psychological
  • How and when to use standard form documents

The Bidding Process

  • CCDC bidding documents: contractor’s qualification statement, stipulated price bid
  • What’s Missing? Instructions to Bidders
    • Why is there no standard form?
    • An attempt at a standard - The Ontario Ministry of Health and Long Term Care’s ‘Guide to Bidding & Supplementary Conditions for Healthcare Projects’
    • Bid security

The Structure of Construction Contracts

  • ways to structure the relationship among project participants
  • method of payment: fixed price, unit price, cost plus
  • general contracting versus construction management
  • modern variants: design-build, EPC, P3, integrated project delivery

The Standard Form Building Contract

The CCDC 2 2008 stipulated price contract - a detailed analysis

  • Parts of the construction contract
  • The agreement
  • The general conditions
  • Definitions and preliminary matters
  • Contract documents and interpretation
  • Subsurface and physical conditions
  • Contractor's responsibilities
  • Other work at the site
  • Owner's responsibilities
  • The role of the consultant
  • Changes in price and time
  • Quality of construction provisions
  • Payments
  • Claims
  • Suspension and termination
  • Dispute resolution
  • Bonds and insurance

An Overview of Other Standard Form Construction Contracts
This will look at what other standard form construction contracts are available, and the essential features of each, including:

  • OPSS
  • CCDC 2MA 2016 - master agreement between owner and contractor
  • CCDC 4 2011 unit price contract and CCDC 18 2001 civil works contract
  • CCDC 5A 2010 construction management contract - for services
  • CCDC 5B 2010 construction management contract - for services and construction
  • CCDC 14 2013 design-build stipulated price contract

Adjournment

Day II

Workshop - Tinkering with the Standard Form through Supplementary Conditions

  • Role and purpose of supplementary conditions
  • The class will look at circumstances where an owner might not want to use a particular general conditions, and consider how the contract terms could be changed through the use of a supplementary condition.

Documents for Design Services

  • RAIC Document Six 2017 - standard form of contract for architectural services
  • ACEC Document 31 - 2010 - engineering agreement between client and engineer

The Content of Agreements for Design Services

  • Structure and use
  • Describing the scope of services
  • Owner's responsibilities
  • Compensation
  • Time for performance
  • Payment procedures and measures of compensation
  • Opinions of cost
  • Ownership and use of documents
  • Dispute resolution
  • Suspension and termination
  • Notice of acceptability
  • Insurance
  • Hazardous environmental conditions

Other Design Services Agreements

This section will look in a general sense at the features of other standard form design services agreements, such as:

  • abbreviated and short form client architect agreements
  • ACEC Document 35 - 2013 project management
  • ACEC Document 36 - 2012 agreement of studies and reports
  • ACEC Document 39 - agreement between owner and owner’s engineer for design/build projects

Subcontracts, Administrative Documents, and Support Forms

  • CCA-1 2008 stipulated price subcontract
  • CCDC 15 2013 - design services contract between design-builder and consultant
  • RAIC 9 - canadian standard form of contract between consultant and architect
  • ACEC Document 32 - 2011 agreement between engineer and sub-consultant
  • Application for payment
  • Change orders
  • Statutory declarations
  • Certificate of substantial performance

Questions and Answers and Feedback to Participants on Achievement of Learning Outcomes

Instructor

Michael MacKay, B.A., LL.B.

Michael MacKay, BA, LLB

Michael MacKay practiced law in Toronto for over 21 years, the last 19 almost exclusively in the field of construction law, and the last 14 at his own firm. He was a member of the Ontario Bar Association’s Construction Law Section’s Executive Committee from 1993 to 2009, and for most of that time co-edited its newsletter “Nuts & Bolts”. He is a frequent contributor to the Construction Law Letter. For over 20 years, he has travelled all across Canada to talk on construction law topics – including a complete construction law course for EPIC.



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Fee & Credits

$1295 + taxes

  • 1.4 Continuing Education Units (CEUs)
  • 14 Professional Development Hours (PDHs)
  • ECAA Annual Professional Development Points
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Using Standard Form Contracts for Construction and Design Services   Online | Feb 1 - 2, 2021
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