The first two (2) sessions of the construction law course are intended to provide the student with a basic understanding of the formation and terms of a contract through case law and reference to documents of various forms used by those involved in the construction industry. In addition, recent development and the issue of "prompt payment legislation" will be considered.
The session will review the development of the law of bidding and tendering and current issues and best practices for both owners and contractors. The session will cover the form and terms of tenders, bid security, bid depositories and the evolution of E-tendering. The issue of mistakes in tendering will also be canvassed with an emphasis on the Courts' disposition of such issues.
Bonds and Security
The session dealing with bonds and insurance is intended to provide the student with a basic understanding of the area and the products available and required by the construction industry. Also addressed will be the electronic use or submission of bonds.
Labour Relations/Employment Standards
The two (2) topics are covered in a single session and intended to provide the student with an overview of labour relations (Labour Relations Act) and employment standards (Employment Standards Act, 2000) and the applicability of each to the construction industry and construction site. The session will highlight the areas of concern, that which has to be monitored and developments in the law.
Construction Safety and Human Rights
The safety and treatment of those employed by contractors and sub-contractors and engaged in work on construction sites and within the industry are canvassed at length in this one session. The topics covered will include the Occupational Health and Safety Act and the Human Rights Code, the requirements for which the statutes provide as applied to the construction industry and the remedies for breaches of the statutes. Workplace violence and harassment will also be discussed as will new developments.
The Workplace Safety and Insurance Act
The session will consider the import and applicability of the statute to the construction industry including the protections afforded to workers and the compensation scheme. The procedure related to claims will also be reviewed.
The purpose of the session is to give the student a general understanding of environmental protection regulation in Ontario, with specific emphasis on issues of interest to the construction sector, including contaminated land, underground storage tanks, waste management, the disposal of "clean fill" and current environmental issues in land development.
The Court System and Construction Liens
The final two (2) sessions are intended to provide the student with an understanding of the litigation system in Ontario and the application of the Construction Lien Act. The procedures and requirements of the lien legislation are discussed as are the nuances. Recent developments and strategy are brought to the student's attention. Practical examples and cases are used to illustrate the requirements of the lien legislation and the mandatory nature of it.
This course is Gold Seal certified, 5 credits. Junior and middle management personnel within your organization will benefit from this course. Attendees with 80% or better attendance will receive a certificate. All course material is supplied.
Please note the information obtained from or through this course does not constitute legal advice, but is provided as guidelines for using works for educational purposes.
– Alon Gold, Project Coordinator, AECON Buildings
Mr. Shell's practice focuses on commercial litigation, encompassing construction related claims and liens, franchise litigation, product liability litigation as well as employment law, general contractual disputes, partnership and corporate litigation, shareholder disputes, insolvency, receivership and trust actions.