Contract Administration and Liability

Professional Development Centre, University of Toronto
Toronto, ON, Canada

Course Format: Classroom | E-learning | Virtual Class | Online | On-site | Blended | Self-paced

Course Description:

'' This module examines the various contract documents used in construction projects, including CCDC contracts, change orders, revision notices, and certificates of substantial completion, bonds, and warranties. Legal principles and relevant cases are discussed with a view to providing an understanding of the legal framework surrounding the documents. Emphasis will be placed on how to avoid construction contract problems, as well as how disputes may be efficiently resolved.

Prerequisites: None

Equivalents:
Participants who have successfully completed University of Toronto course CIV 1279, Construction Contract Documents (or the equivalent at other recognized universities) may be granted exemption from matching modules in the certificate program. Please include a course description and your final grade with your registration.

This course will be illustrated by a series of actual construction cases

Course Outline:

Day 1: Project Delivery Options
?Design/Construction Process for Building Projects
?Risk Allocation & Liability Sharing - Construction Project Administration - Dispute Prevention
?Contracts - Stipulated Price, Guaranteed Maximum Price, Unit Price, Cost Plus
?Competitive Bidding Process or Negotiation or Design/Build (A & B)
?Legal Principles: Contracts (construction) and Tort (negligence, professional liability)
Pre Construction Operations - Getting Ready to Bid
?Protection - Construct ability, Prequalification, Bonds, Quality Assurance, Insurance
?Bid Documents, Prebid Meeting, Site Inspection, Clarifications, Addenda, Depository?
?Subs & Suppliers - Substitutes, Standards, Codes, Methods, Inspection, Bid Shopping?
?Bid Submission, Evaluation, Responsive, Mistakes, Sub Problems and Protests
General Provisions (Part 1) of Contract CCDC 2 - Authority and Responsibility
?Head Contract (GC), Subcontractors, Suppliers, Consultants, Construction Manager
?Definitions, General Conditions and Supplementary General Conditions (if any)
?Specifications and Drawings, Scope-of-work, Owner’s Implied Warranty, Ambiguity
?Contract Formation, Security - Breach, Damages for Breach, Termination (Part 7)

Day 2: Execution of the Work (Part 3) - Site Communications and Records
?Construction Scheduling (GC 3.5) - Logic & Resource Constraints - Create & update
?Gantt (Bar) Charts, Critical Path Methods (as-planned vs. as-built), Float, Photographs
?Delays (GC 6.5), Acceleration, Out of Sequence Work, Impact Costs, Overhead Charges
?Documentation: Site Meetings/Minutes, Daily Reports, Timesheets, Tickets, and Diaries etc.
?Completion Date/Workdays, Liquidated Damages, Bonus/Penalty Provisions, Claims?
Changes in the Work (Part 6) - Major Source of Contractor Disputes
?Changes in the Scope of Work - Directed vs. Constructive
?Change Orders vs. Change Directives - Cost and/or Time Adjustments - Delay Claims
?Concealed or Unknown Conditions - Equitable Price Adjustment
?Indemnification (3rd Party), Waiver (by Owner), Warranty Period (Part 12)

Day 3: Payments (Part 5) - Construction Lien Legislation
?Progress Payments, Holdbacks, Substantial Completion, Punch List, Final Payment
?Timeline for Construction Liens Related to Substantial Completion - Sheltering
?Release of Holdback Funds - Distribution of Funds - Use of Lien Bond
?Trust Rights and Obligations of Owners, Contractors and Subs - Set-off?
Administering Contract (Part 8) - ADR Rules (CCDC 40)
?Role of Consultant in Dealing with Claims of Owner and Contractor (Part 2)
?Negotiation - Parties Try to Resolve Differences on Site - Stepped?
?Mediation - Interest Based, Facilitative vs. Evaluative, Mediator Selection Process
?Adjudication - Rights Based, Arbitration or Litigation Compared, cf. Power Based

Day 4: Examination
...''

Phone:416-978-3481

School Address:

Mailing Address:
Faculty of Applied Science and Engineering
35 St. George Street, Toronto, ON M5S 1A4, Canada

Courier Address:
Bahen Centre, Room 8143
40 St. George Street, Toronto, ON M5S 2E4, Canada


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