Thursday, June 13, 2019
Session Room – 206 B | 1:00pm-1:50pm
This legal session will explore three topics that are of great importance to both real estate owners/operators and service providers; 1). Arbitration Clauses in Construction, Renovation and Service Contracts, 2). Prompt Payment and Interim Adjudication under the Construction Act, 3). Due Diligence in Negotiating and Finalizing Construction, Servicing and Maintenance Contracts
1). Arbitration Clauses in Construction, Renovation and Service Contracts - Why have arbitration clauses when parties could rely on the Court? A well-drafted arbitration clause avoids headaches and delays in resolving disputes and getting paid. Properly drafted arbitration clauses can also save time and money. Daniel Waldman, a seasoned commercial litigator specializing in construction, servicing and maintenance contract disputes, will explain how taking a few simple steps can help you to avoid costly disputes.
2). Prompt Payment and Interim Adjudication under the Construction Act - The Prompt Payment and Interim Adjudication provisions of the ‘new’ Construction Act will come into force on October 1, 2019. As a result, the construction industry will need to quickly adapt to the new mandatory prompt payment regime and understand the new interim dispute resolution rules. Anne Hatsios, and Anna Esposito (certified specialist in construction law) will explain the new payment and adjudication processes in easy to understand terms.
3). Due Diligence in Negotiating and Finalizing Construction, Servicing and Maintenance Contracts - Contractors and owners are well served by tailoring the contract process to the nature of the parties involved. Due diligence goes beyond ensuring that the contract sets out the details of the agreement. Contractors should consider whether they are agreeing with the proper party, and whether the party has the legal authority to bind the owner, and owners should understand the legal nature of the party with whom they are contracting.
Ray Mikkola, Partner, Pallett Valo LLP
Ray Mikkola is the Head of the Commercial Real Estate Practice, and a Member of the Cross Border Practice Group.
Ray practice focuses on all matters relating to commercial real estate, acting for a broad range of lenders, borrowers, land developers, sub dividers, builders, condominium developers, condominium corporations, municipalities and other entities.
Ray has over 30 years of experience in acting on property sales and purchases, land development, condominium development and administration, expropriation, sales and purchases from and by court appointed receivers, minor variance applications, land division committee applications, and generally providing litigation support in any matter related to real estate law.
He regularly acts for clients in respect of acquiring, disposing of, owning, leasing and developing real estate.
Daniel Waldman, Lawyer, Pallett Valo LLP
Daniel Waldman is a Member of the Construction Practice, Commercial Litigation Practice, and a Member of the Remedies Group.
Daniel has a commercial litigation practice with an emphasis on real property litigation, including commercial leasing, commercial real estate, construction law and debt collection, representing a range of clients including the largest commercial landlords in Canada, international developers, multi-million dollar real estate investment trusts and construction companies.
He appears regularly before all levels of court in Ontario, including Small Claims Court, the Ontario Court of Justice, the Superior Court of Justice, Federal Court and the Ontario Court of Appeal. Daniel also appears before a number of administrative tribunals, including the Ontario Securities Commission, the Investment Industry Regulatory Organization of Canada, the Real Estate Council of Ontario, the Landlord and Tenant Board and the Human Rights Tribunal of Ontario.
Anna Esposito, Partner, Pallett Valo LLP
Anna Esposito is a member of the Construction Practice, Commercial Litigation Practice and Alternative Dispute Resolution Services.
Anna’s practice is focused exclusively on construction law, representing all players in the construction industry, including owners, contractors, subcontractors, materials suppliers, owners, developers, sureties and insurers, mortgagees, trustees in bankruptcy and industry associations.
She has appeared before all levels of the Ontario Courts, including the Ontario Superior Court of Justice and the Ontario Court of Appeal. She also has extensive experience in the mediation of construction related disputes, and as a construction claims officer.