Infrastructure Primer III: Negotiating Deisgn Agreements
Author(s): Ontario Bar Association
Publication Date: May 2017
Format: shipped (hardcopy), download (PDF)


Description
Our stellar faculty will discuss the common "battleground" points in Public-Private Partnerships and Design-Build design agreements, such as fee multipliers; delay liability; flow downs; indemnification; intellectual property; liquidated damages; liability caps; payment terms; design freeze; and standard of care. These issues will be covered from both the designer's and the owner's or design-build contractor's perspectives. Benefit from a mock negotiation between experienced in-house designer and design-build contractor counsel who will demonstrate the interplay of various terms and practical approaches to reaching a compromise.

PROGRAM CHAIRS

Yonni Fushman, Aecon Group Inc.
Richard Wong, Osler, Hoskin & Harcourt LLP

TABLE OF CONTENTS

Design Agreements: From the Owner's and Design-Build Contractor's Perspectives
Carl Cassian, Dufferin Construction

Sample Designer-Contractor Teaming Agreement (DB bid phase)
Carl Cassian, Dufferin Construction

Sample Design Services Contract (DB execution phase)
Carl Cassian, Dufferin Construction

Design Agreements: From the Design Professional's Perspective
Annik Forristal, McMillan LLP

Design Agreement - Key Issue Checklist
Kathryn Lack, Maple Reinders Group
David Rinaldo, Hatch

Mock Negotiation Fact Scenario
Kathryn Lack, Maple Reinders Group
David Rinaldo, Hatch

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