PRE-TENDER STAGES MANAGING RISK AT THE OF YOUR CONSTRUCTION PROJECT. June 24-25, 2009 Hyatt Regency Calgary Calgary

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1 June 24-25, 2009 Hyatt Regency Calgary Calgary The Canadian Institute s Conference on MANAGING RISK AT THE PRE-TENDER STAGES OF YOUR CONSTRUCTION PROJECT PRACTICAL TIPS AND TOOLS FOR RISK MANAGEMENT Co-Chairs: Fasken Martineau DuMoulin LLP Miller Thomson LLP Get practical strategies, the most current updates, developments and trends in the construction industry including: IDENTIFYING risks at the pre-tender stages of your project UTILIZING the process of pre-qualification at the pre-tender stages EXAMINING schedule, quality and cost risks under different project delivery models MANAGING risk by planning the schedule to avoid delays LEARNING how to best select a contract model that reflects your desired risk PLUS! Gain additional value by attending the post-conference workshop on June 26, 2009 Developing Non-Adversarial, Value-Based Contracts at the Pre-Tender Stage Steve Morris x372

2 HAVE YOU GOT THE RIGHT TOOLS TO MANAGE RISK AT THE PRE-TENDER STAGES? The current state of the construction industry poses challenges at the pre-tender stages of a contract. If not managed properly, your scheduling, budgeting and financing can be significantly and negatively impacted. Addressing the current changes, identifying risks at the early stages of your project and learning the latest trends in the construction industry are key to properly putting together your pre-tender package. The Canadian Institute s Managing Risk at the Pre-Tender Stages of Your Construction Project conference will address the current challenges that arise during the early stages of the construction project and will provide practical tools and tips for maximizing your opportunities and managing risk effectively. Whether you are a developer, land owner, purchaser, project manager, sub-trade, design professional or construction lawyer, this is one conference you do not want to miss. Attend and learn the most current updates, trends and standard practices at the pre-tender stages of a construction project. Plus! Add value to your attendance by participating in our post-conference workshop on Developing Non-Adversarial, Value-Based Contracts at the Pre-Tender Stage. Spaces will fill up quickly. Register today by calling The Canadian Institute toll-free at , by faxing your registration to or register online at Co-Chairs, Fasken Martineau DuMoulin LLP Distinguished Faculty Louis M.H. Belzil Bennett Jones LLP Tony Clark General Counsel The Graham Group Suzanne England William Forsyth Senior Vice President Marsh Canada Limited Martin Gough Boyd Mason Project Manager BC Hydro Generation, Miller Thomson LLP Patricia Morrison Borden Ladner Gervais LLP Steven D. Ness President Surety Association of Canada Meredith Sargent Goto Sargent Inc. Lorna Tardif Tardif Murray & Associates Inc. John Zhao Risk Manager with a major oil firm Who Should Attend From the Construction Industry: Owners/Developers Senior executives from construction companies General contractors and subcontractors Project mangers/coordinators Contract managers, administrators and officers In-house counsel Construction consultants From the Federal, Provincial and Municipal Sectors: Procurement and purchasing professionals Project coordinators Risk managers and officers Government counsel Others: Architects and design consultants Insurance/Surety bond company representatives Vendors and in-house counsel for vendors Construction, municipal and real estate lawyers Engineers ADR professionals

3 Day 1 - Wednesday, June 24, :15 Registration Opens - Coffee Served 9:00 Opening Remarks from the Co-Chair Fasken Martineau DuMoulin LLP 9:15 Identifying and Assessing Risks at the Pre-Tender Stages of Your Project Fasken Martineau DuMoulin LLP Understanding key challenges prior to tendering Knowing what the general project development risks are: - land - finance - regulatory approval - labour - environment Creating internal policies for assessing risks at the pre-tender stages Identifying the difference between a tender and a proposal Reviewing tenders: successful strategies for meeting your department s specifications Facing legal issues that generate risk at the pre-tender stages Identifying general procurement constraints Looking at the difference between a public vs. a private tender Examining the selection of the bid that most likely conforms to your project Finding effective ways of doing the proposals better: ensuring that the script management s written documents are the same as their presentation Successful strategies for pre-tender planning 10:15 Networking Coffee Break 10:30 Maximizing the Pre-Qualification Process at the Pre-Tender Stage Tony Clark General Counsel The Graham Group Understanding when pre-qualification needs to be used Utilizing the process of pre-qualification at the pre-tender stage Exploring the pros and cons of pre-qualification Key features of an effective prequalification program Investigating how the process of pre-qualification needs to be carried out 11:30 Identifying the Right Project Delivery Model Prior to Completing Your Tender Package John Zhao Risk Manager with a major oil firm Understanding different types of delivery models Knowing the pros and cons of each delivery model Evaluating project delivery options Examining schedule, quality and cost risks under each delivery model Successful strategies for identifying the right project delivery model for your construction project 12:30 Networking Luncheon for Delegates & Speakers 1:45 Managing Risk by Planning the Schedule to Avoid Delays: Doing it Right Lorna Tardif Tardif Murray & Associates Inc. The risks of schedule slippage bear costs, management of which may not come naturally to Project Controls professionals. Often the schedule risk analyses simply indicate the probability of meeting the deterministically planned finish date, but fail to further quantify the cost of schedule slippage. Attend this session and learn the risks that can impact your scheduling as well as the practical tools for building an effective schedule. Find out how to avoid the dire consequences of delay claims. Fulfilling the purpose of a project schedule Identifying successful scheduling tools and documentation management systems Facing the pitfalls of having too many details Understanding the key factors that go into project decision making Finding successful strategies for avoiding delays Looking at the impacts of risks on your schedule Knowing how the Monte Carlo simulation formula can be best used for your company Examining whether a schedule uncertainty can relate to your budget

4 2:45 Successful Strategies for Drafting the Tender Package Louis M.H. Belzil Bennett Jones LLP Risk allocation: understanding what type of contract to use for your project Learning how to select a contract model that best reflects your desired risk Knowing what to include in the tender package and what not to include Addressing the rights and obligations of all parties: what to look for before committing to a contract Examining what terms and conditions to include that govern the tender Scoping your contract in a bid Incorporating specific insurance requirements in the prime contract Top tips for drafting tender documents 3:45 Conference Adjourns Day 2 Thursday, June 25, :30 Coffee Served 8:45 Opening Remarks from the Co-Chair Miller Thomson LLP 9:00 Practical Strategies for Avoiding Tender Cost Risk Boyd Mason Project Manager BC Hydro Generation Examining tender cost risks for your contract Improving partnership planning to improve tender responses Establishing and maintaining successful relationships with suppliers to control pricing risks Addressing effective project schedule controls in tenders Top tips for minimizing one`s exposure 10:00 Networking Coffee Break 10:15 Drilling Down the Law: Latest Update on Pre-Tender Law Miller Thomson LLP Understanding the procedural and substantive cases Knowing the litigation process: the ins and outs of what is involved Looking at the effect of the TerconContractors Ltd. v. B.C. (Min. of Transportation) case and what this means for your company Analyzing the case law on Contract A and Contract B Avoiding litigation: looking at where the projects have gone wrong Reviewing the exclusion of liability clauses and how much protection this offers to owners Marrying the law with the construction practice 11:15 Exploring the Possibility of Negotiating at the Pre-Tender Stages Patricia Morrison Borden Ladner Gervais LLP Finding creative opportunities to negotiate at the pre-tender stage Identifying practical ways for keeping the lines of communication open and increasing honest dialogue at the pre-tender stage Looking at whether owners can negotiate with low bidders Examining the effectiveness of pre-bid conferences Understanding whether there are any legal and/or financial risks to negotiating at this stage of the construction project Top tips for preventing disputes at the pre-tender stages and increasing effective negotiations Bridging the gap amongst owners, contractors and construction teams 12:15 Networking Luncheon for Delegates & Speakers 1:30 Maximizing the Viability of Your Project by Identifying the Necessary Insurance and Bonding Products Steven D. Ness President Surety Association of Canada William Forsyth Senior Vice President Marsh Canada Limited Understanding the importance of bonding and insurance issues at the pre-tender stage Examining whether insurance products are better than bonds for your project

5 Knowing what factors to look for when looking for insurance products Looking at liability and risk and indemnity: who is going to have liability Investigating what a surety bond brings to the table Reviewing what products are available in the industry 2:45 Case Study for Managing Risk at the Pre-Tender Stages Meredith Sargent Goto Sargent Inc. Attend this practical session and learn how owners and contractors can avoid common mistakes at the pre-tender stages of a project. Understand from lessons learned how to effectively identify, transfer and mitigate risks at the pre-tender stages. Learn the necessary tools for managing risks that arise at the pre-tender stages of your construction projects. 3:45 Chair s Closing Remarks - Conference Concludes Sponsorship & Exhibition Opportunities Maximize your organization s visibility in front of key decisionmakers in your target market. For more information, contact Senior Business Development Executive Michael Owens at ext. 302, toll-free ext. 302 or by at POST-CONFERENCE WORKSHOP Friday, June 26, :00 a.m. - 12:00 p.m. (Registration Opens at 8:30 a.m.) Developing Non- Adversarial, Value-Based Contracts at the Pre-Tender Stage Suzanne England Martin Gough With alarming regularity, contracts for the provision of goods and services are treated as pariahs, relegated to the bottom drawer, to be retrieved only after a problem has arisen between the parties. Contracts should be agreements which lead to value for the owner and fair compensation for the contractor. Contracts that facilitate successful projects are non-adversarial and framed in language that allows all project management and administration staff to be conversant with and adept in the application of the terms and conditions. Attend this workshop and learn the risk review and risk allocation steps you need to take to frame equitable contracts at the pre-tender stages of your construction project. This workshop will take the participants through the steps required to develop such a contract and topics will include: Recognition of provisions that allocate risk Identification of all project specific sources of aleatoric and epistemic uncertainty Creation of risk allocation clauses based on a balance between owner risk tolerance and the business case for a project Development of contract clauses that reduce project risk by means of behavioural based incentives Post-contract award course corrections using the parties interpretation of the foregoing to maintain the contract intent DON T MISS A SINGLE DETAIL! All delegates to The Canadian Institute s Conference on MANAGING RISK AT THE PRE-TENDER STAGES OF YOUR CONSTRUCTION PROJECT will now receive a complimentary CD ROM with full colour graphs, charts and presentations from the conference.* Great for sharing with co-workers! STILL WANT A PRINTED VERSION? Add a Conference Materials Binder to Your Order see registration form for details. * CD ROMs (a $320 value) will be distributed to delegates onsite as part of their registration package The Canadian Institute, 2009

6 June 24-25, 2009 Hyatt Regency Calgary Calgary The Canadian Institute s Conference on MANAGING RISK AT THE PRE-TENDER STAGES OF YOUR CONSTRUCTION PROJECT To expedite your registration, please mention your Priority Service Code TM SMS PRACTICAL TIPS AND TOOLS FOR RISK MANAGEMENT REGISTRATION FORM ATTENTION MAILROOM: If undeliverable to addressee, please forward to: Project Manager, Procurement Manager, In-House Counsel, Purchasing Manager, Contract Manager, Buyer Top Reasons to Attend 5 EASY WAYS TO REGISTER Get the latest tips for identifying and managing risk at the pre-tender stages Find out the latest pre-tender case law Learn successful strategies for project scheduling Explore creative opportunities for negotiating at the pre-tender stages Network with industry professionals Phone: x372 or x372 Fax: or Mail: The Canadian Institute 1329 Bay Street Toronto, Ontario M5R 2C4 Online: STEP 3 STEP 2 STEP 1 CONFERENCE CODE: 309L09-CAL YES! Please register the following delegate for MANAGING RISK AT THE PRE-TENDER STAGES OF YOUR CONSTRUCTION PROJECT FEE PER DELEGATE Register & Pay by May 27, 2009 Register & Pay after May 27, 2009 Conference Only $ % GST = $ $ % GST = $ Conference + Workshop $ % GST = $ $ % GST = $ Conference participants will receive a CD-ROM of the conference materials as part of their registration fee Please add a conference materials BINDER to my order $195 + $21.95 (S & H) (+ applicable taxes) I cannot attend but would like information regarding conference materials CONTACT DETAILS NAME ORGANIZATION ADDRESS POSITION CITY PROVINCE POSTAL CODE TELEPHONE TYPE OF BUSINESS APPROVING MANAGER FAX NO. OF EMPLOYEES POSITION PAYMENT Please charge my VISA MasterCard AMEX NUMBER EXPIRY SIGNATURE I have enclosed my cheque for $ including GST made payable to The Canadian Institute (GST No. R ) For group discounts please call Wire Transfer ($CAD) Please quote the name of the attendee(s) and the event code 309L09 as a reference. Beneficiary: The Canadian Institute Bank Name: HSBC / Account #: Address: 150 Bloor St, Suite M100, Toronto, ON Swift Code: HKBCCATT / Branch #: ADMINISTRATIVE DETAILS VENUE: HYATT REGENCY CALGARY ADDRESS: 700 CENTRE STREET SE, CALGARY, AB. TEL.: Program Materials Conference participants will receive a comprehensive set of conference materials prepared by the speakers, as an excellent reference source after the conference. If you have paid and are unable to attend, the conference materials will be shipped to you upon request only. Request must be received within 30 days upon conclusion of the conference. Payment Policy Payment must be received in full by the conference date to ensure admittance. All discounts will be applied to the Conference Only fee (excluding add-ons), cannot be combined with any other offer, and must be paid in full at time of order. Group discounts available to individuals employed by the same organization. Cancellation and Refund Policy You must notify us by at least 48 hrs in advance if you wish to send a substitute participant. Delegates may not share a pass between multiple attendees without prior authorization. If you are unable to find a substitute, please notify The Canadian Institute in writing no later than 10 days prior to the conference date and a credit voucher will be issued to you for the full amount paid. Credit Vouchers are valid for 1 year and are redeemable against any other conference by The Canadian Institute. If you prefer, you may request a refund of fees paid less a 25% service charge. No credits or refunds will be given for cancellations received after 10 days prior to the conference date. The Canadian Institute reserves the right to cancel any conference it deems necessary and will, in such event, make a full refund of any registration fee, but will not be responsible for airfare, hotel or other costs incurred by registrants. No liability is assumed by The Canadian Institute for changes in program date, content, speakers or venue. Incorrect Mailing Information To advise us of changes to your contact information, please send amendments by Fax to or us at CanadianInstitute.com or visit our website and click on update your customer information.

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