Building strong construction claims in Canada
Communication and Personal Effectiveness
Practical application of U.S., U.K., and other common law jurisdiction court precedent and trends to types and causes of construction claims in Canada with consideration of the trends of the Canadian courts, and how such court guidance is used in arbitration proceedings with insight on managing construction arbitration.
Enhance your knowledge and practical skills in applying court analysis and trends to construction claims in Canada and their use in arbitration proceedings. This course will look at court guidance to types and causes of construction claims and judicial interpretation and application of methodologies such as time impact analysis.
Construction arbitration is a common method of resolving disputes in the industry. As such, it is essential for professionals to understand how to manage construction arbitration effectively. This course will provide attendees with practical skills to analyse and apply court precedent and trends from U.S., U.K., and other common law jurisdictions to construction claims in Canada and in arbitration proceedings.
Additionally, how to apply the knowledge from the pre-tender stage all the way through the project lifecycle and its conclusion. The course will cover various types and causes of construction claims, including delays, changes, defects, and terminations, and how to apply the knowledge before, during, and after a project. Attendees will also learn how to analyse and apply judicial analysis in real-world scenarios and propose practical solutions to manage construction disputes and arbitration.
Next Available Dates
2nd May 2023
There will be three learning sessions and one assessment session on 2 May, 9 May, 16 May, and 23 May respectively.
Your content goes here. Edit or remove this text inline or in the module Content settings. You can also style every aspect of this content in the module Design settings and even apply custom CSS to this text in the module Advanced settings.
Day 1 (2 hours):
- Analyse the types and causes of construction claims.
- Considerations of common law courts on delay analysis methodologies.
- Trends of Canadian courts in delay analysis methodologies.
Day 2 (2 hours):
- Application of court precedent and trends to construction claims in Canada.
- Comparative analysis of U.S., U.K., and other common law jurisdictions in construction claims.
- Understand the nuances of construction disputes that make its arbitration unique.
Day 3 (2 hours):
- Delay analysis methodologies in construction claims.
- Time impact analysis (TIA) in construction claims.
- Impacted as-planned analysis (IAA) in construction claims.
- Window analysis in construction claims.
- Practical application of delay analysis methodologies in real-world scenarios.
Day 1 (2 hours):
On the first day of the course, attendees will gain an understanding of construction claims and their types and causes. They will learn about the legal considerations of common law courts on delay analysis methodologies, and how Canadian courts have approached delay analysis methodologies in their decisions. Attendees will explore the latest trends of Canadian courts in delay analysis methodologies and understand their impact on construction claims.
Day 2 (2 hours):
The second day of the course will focus on the practical application of court precedent and trends to Canadian construction claims in arbitration proceedings. Attendees will learn how to analyse court analysis and trends and apply them to real-world scenarios in arbitration proceedings. The comparative analysis of U.S., U.K., and other common law jurisdictions in construction claims will enable attendees to understand the differences and similarities in approaches to construction claims. Attendees will also learn the nuances of construction disputes that make their arbitration unique, and how to effectively communicate and document claims in arbitration proceedings.
Day 3 (2 hours):
On the final day of the course, attendees will gain an in-depth understanding of delay analysis methodologies in construction claims. They will explore the three primary delay analysis methodologies: Time Impact Analysis (TIA), Impacted As-Planned Analysis (IAA), and Window Analysis. Attendees will learn the strengths and limitations of each method and explore real-world scenarios to analyse their practical applications. Practical application of delay analysis methodologies in real-world scenarios will enable attendees to understand how to apply these methodologies in a practical setting. By the end of the course, attendees will have the practical skills and knowledge to deter and manage construction claims effectively, including the ability to analyse and apply concepts, propose practical solutions for managing construction claims, and effectively address arbitration proceedings.
This course is suitable for construction professionals, engineers, architects, project managers, and other professionals working in the construction industry who are involved in construction disputes and arbitration. The content is designed to be most beneficial for those who regularly deal with construction projects and claims.
Attending this course will enable professionals to:
- Analyse and apply judicial analysis and trends to construction claims.
- Understand the position and influence of the U.S., U.K., other common law, and Canadian courts to construction claim methodologies.
- Develop practical skills in managing construction arbitration and propose practical solutions in real-world scenarios.
Day 4 (2 hours)
Assessment based on hypothetical scenario:
Scenario: A construction claim has arisen due to a delay caused by a contractor’s failure to complete work on time. The claim has gone to international arbitration, and the course attendees have been assigned to (i) represent the owner (ii) be an expert witness for the contractor (iii) be a fact witness for the contractor or (iv) member of the arbitration tribunal. The contractor argues that the delay was caused by unforeseeable circumstances, and they are not liable for the delay. The arbitration is international and seated in Toronto.
Assessment Task: Analyse the claim and propose a practical solution for your role in the arbitration proceedings. In your analysis, identify the relevant principles and analyse the facts of the claim. In your proposed solution, consider the latest trends of Canadian courts and trends from U.S., U.K., and other common law jurisdictions and provide a practical solution for managing the arbitration proceedings.
- Identification of relevant legal principles and their application to the case.
- Analysis of the facts of the case and the identification of key issues.
- Consideration of the judicial guidance in construction claims.
- Proposed solution that demonstrates practical application of legal concepts to manage the arbitration proceedings.
Assessment Outcome: Attendees will be assessed based on their ability to analyse the construction claim, identify the relevant legal principles, and propose a practical solution for managing the arbitration proceedings. The assessment will measure their ability to apply legal concepts to real-world scenarios and demonstrate their proficiency in managing construction disputes. The outcome of the assessment will be used to gauge their understanding of the course material and practical application of legal concepts to construction arbitration proceedings.
Managing Partner, Wasel & Wasel
Mahmoud boasts involvement in international construction arbitration disputes for construction projects worth over USD 12 billion in some of the world’s largest and most intricate construction projects and disputes. He is widely regarded as an expert in his field, with a strategic vision that clients describe as clear and an ability to remain calm under pressure.
With an exceptional reputation in international arbitration, Mahmoud has acted in disputes spanning several jurisdictions, offering unparalleled expertise in project issues and claim resolution in the construction and infrastructure sectors. He has been consistently recognized by prestigious publications and directories, including Thomson Reuters, Getting The Deal Through, and Lexology Client Choice.
Mahmoud has a wealth of experience representing and acting against multinational companies in construction disputes. His clients appreciate his availability and dedication, and his reputation has been widely recognized by colleagues in the industry.
Only logged in customers who have purchased this product may leave a review.
Our courses, CPD and publications are guaranteed to meet your development needs and help you gain and maintain industry qualifications and CIOB membership.
We offer on-demand, in-person training, as well as dedicated training solutions to meet your company's needs.