The engineering and construction sectors are seeking new and creative contracting structures as owner, contractors, engineers, and design professionals try to find ways to award projects that stay within budgets and schedules. While new ideas come forward and are tried, the fundamentals of tender and contract law still apply. To make matters more complex, the legal rules in Canada are not always the same as in the USA or the UK or other jurisdictions. It is a constant challenge for design professionals to know and keep the legal fundamentals in mind and apply them to new challenges in the market. In his talk, John will review the fundamentals of tender and contract law, with a focus on what a working professional needs to keep in mind about the rules of tender and contract law. In his comments John will discuss the various standard forms of procurement (tenders and RFP’s) and standard forms of contracts—including reference to various forms of contract structure that we are seeing—such as design-build; IPD; alliance—with practical suggestions and comments on how to apply the legal rules. Opportunity will be given for questions and discussion.
John Haythorne, P.Eng.
Senior Counsel Dentons Canada LLP
John Haythorne, P.Eng. is a leading construction, infrastructure and procurement lawyer. He practices in the areas of construction, engineering and infrastructure, with special emphasis on negotiating, drafting and advising on contracts. John is a Registered Professional Engineer, and prior to entering law he worked as a Professional Engineer on infrastructure projects. He is particularly experienced in public-private partnerships and other alternate forms of project delivery, advising owners on the structure and administration of procurement and legal issues relating to design and construction. He has acted for all levels of governments including municipal, healthcare authorities, the Province and Canada advising on the law relating to tenders, requests for proposals and complex procurements. In addition has extensive experience advising design professionals as well as contractors.