Heintzman - Five Important Construction Contract Issues



On Demand
Course Leader : Thomas G. Heintzman
Duration : 1 hour 0 minute
Price: Free

This Webinar will discuss five important issues which arise in the preparation and performance of Canadian construction contracts:

Honest Performance

  • In Bhasin v. Hrynew, the Supreme Court of Canada held that every contract requires honest performance. What amounts to honest performance, and as importantly, dishonest performance of a construction contract?

Buildable Structure

  • When, by its drawings or specifications, does an owner impliedly represent or warrant that the building is buildable?

Incorporation by reference?

  • What wording in a subcontract or bond effectively incorporates the provisions of the main contract?

Consultants’ Certificates

  • When are they binding or not binding?

Pay When Paid clauses

  • Are they effective?

The conflicting cases and the recent appellate decisions on these issues will be discussed.

Presenter:  Thomas G. Heintzman

Thomas G. Heintzman practices as an independent mediator and arbitrator. He has arbitrated and mediated disputes relating to a wide variety of subject matters including insurance, construction law, corporate law and oppression remedies, class actions, franchises, leasehold disputes and claims against financial advisors, lawyers and real estate agents.

Mr. Heintzman was president of the Canadian Bar Association from 1994 to 1995, president of the Ontario Bar Association from 1989 to 1990 and a bencher of the Law Society of Upper Canada for 8 years (2003-2011).

Mr. Heintzman is a Fellow of the Chartered Institute of Arbitrators (CIArb) and past Chair of its Toronto Chapter. Mr. Heintzman is as Fellow of the American College of Trial Lawyers and of the International Academy of Trial Lawyers.
In 1980, Mr. Heintzman was appointed Queen’s Counsel, and in 1998, he was appointed an Officer of the Order of Canada. In 2008, Mr. Heintzman received the Ontario Bar Association Award for Excellence in Civil Litigation.

Mr. Heintzman is a past adjunct professor at Osgoode Hall Law School (Trial Advocacy) and the University of Toronto Law School (Computers and the Law; Contested Corporate Transactions) and is presently adjunct professor at Western Law School (Advanced Contract Issues; Alternative Dispute Resolution).
Mr. Heintzman was educated at Harvard University (1962, BA cum laude in economics), the University of London (1967, LLB) and Osgoode Hall Law School (1966, LLB).

Mr. Heintzman is the author of Heintzman & Goldsmith on Canadian Building Contracts (4th edition), which provides an analysis of the law of building contracts in Canada. Mr. Heintzman writes articles on arbitration and construction law that can be viewed on www.heintzmanadr.com and www.constructionlawcanada.com.