Papers and Presentations

 

Topics and titles which Rob Kennaley has presented in publications or in seminar format include:

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• The Construction Law Amendment Act, 2017

• Navigating Everyday Construction Law Landmines: Best Practices for Smooth Digging

• A Primer on Shop Drawings

• A Case Study:  Where a Written Change Order is Required But Not Obtained

• On Consequential Loss (a two-part series)

• Deficiencies and Fundamental Breach of a Construction Contract

• A Case Study:  of Underlying Work and Contractual Clarity

• Legal Considerations for Design Consultants in Construction

• Liability and Property Insurance Policies in Construction

• A Case Study on Tendering IssuesThe Construction Trust: Understanding Your Rights and Obligations

• The Glossary of Construction Law Terms (a three part series)

• Construction Insurance:  An Overview

• Practical Considerations: Emerging Issues in Bidding and Tendering

• Bonds in Construction

• The Duty of Fairness in the Law of Tendering in Canada:  An Ever Changing Landscape

• The Construction Lien Act for Home-Builders and Developers

• Hold Harmless Provisions in the Construction Contract

• Managing the Risk of Change in the Construction Context

• The Prime Contract and the Obligations of the Subcontractor

• Termination of a Contract: Things to Think About Before Stopping the Work

• Contracts, Liens and Collecting the Construction Debt

• Addressing Escalating Fuel Prices and Materials Availability

• Methods of Allocating and Managing Risk in the Construction Context

• Tarion Warranty Corporation and the Construction Lien Act

• Risk Management and Conflict Resolution

• Understanding Your Rights and Obligations under the Construction Lien Act

• The Construction Lien Act and the Consultant

• Project Management and the Consultant

• Contract Risk Management

• The Construction Lien Act for the Material Supplier

• Bidding & Tendering for the Public and Private Sector

• What You Don’t Know Can Hurt You (full day risk management course)

• Rights and Remedies under the Construction Lien Act

• Contract Risk Management and Changes in the Work

• Negotiating and Tendering the Road Maintenance Contract

• Snow and Ice Maintenance Contracts and Liability for the Slip and Fall

• Rights and Remedies under the Construction Lien Act

• The New "Master Format" for Construction Specifications

• Recent Changes to Standard Form Construction Documents

• Walford v. Jacuzzi Canada Inc.:  A Court of Appeal Decision on the Duty to Warn

• The Claim for Damages or Additional Compensation in the Construction Context

• Your Client’s Claim for Damages for Deficient or Incomplete Work

• Debt Collection for Contractors, Subcontractors and Suppliers (Parts I, II and III)

• Taking Advantage of the Written Claim for Lien

• Considerations for Design Consultants

• Raising the Bar on Employment Law Issues

• The Construction Lien and Condominium, Townhouse and Subdivision Projects

• The Prime Contract and the Obligations of the Subcontractor

• Majestic Design v. Bodnar: A Case Study

• Aeberhard v. Hardy:  A Recent Finding that Breach of the Construction Trust Survives Bankruptcy

• Scheduling and Delay Claims (a Five Part Series)

• Using the Small Claims Court

• The Scope of Work and Avoiding Client Disputes

• Insurance Issues:  Are You Liable?  Are You Covered?

• A Whole New Set of obligations:  The Recently Enacted Consumer Protection Act

• Recent Changes in the Law of Tendering: 

• Disclosed Criteria, Non-Compliant Bids and The Duty of Fairness

• The Scope of the Standard Form Performance Bond: Revisiting Whitby Landmark in the Context of Lac La Ronge

• The Snow Maintenance Contract: Managing the Risk of the Slip and Fall

• Lien Rights for Maintenance Contractors

• What does the New Limitations Act Mean to You?

• The ‘Doctrine of Superior Knowledge’:  Holding Public Buyers to a Higher Standard in Pre-Construction Negotiations

• Mandatory Mediation  (a two part series)

• A Concern For Occupational Health and Safety

• Preventative Medicine:  Avoiding Costly Litigation By Preparing For It

• Contracts and Changes in the Work

• The Construction Lien and the Holdback

• The Contractor as Trustee:  Beware the trust provisions of the Construction Lien Act

• So You Are a Design-Build Contractor:  Insurance Issues

• The Remedies and Pitfalls of the Construction Lien Act:

• A Risk Management Introduction for Consultants, Contractors, Subcontractors and Suppliers

• The Snow Maintenance Contract and Liability for the Slip and Fall

• Beyond the Design Function:  The Design Consultant’s Responsibility for Cost Estimates, Inspections, Site Supervision and the Tender Call

• What Happens When Changes are Made?  Applying Pre-Emptive Measures for Dealing with Risk

• Methods of Allocating and Managing Risk in the Construction Context