SATURDAY, JUNE 22, 2024
"Adjudication as a Service Industry"
Panelists: Robert Kennaley, Kennaley Construction Law | Chad Kopach, Blaney McMurtry LLP | Sahil Shoor, Gowling WLG | Jerry Crawford, KGC Consulting Services Ltd.
Presentation Abstract:
This presentation will address the following topics:
  • Some thoughts from an end user's perspective
  • The Pros and Cons of end user options
  • Mediation
  • Traditional Litigation
  • Arbitration
  • Adjudication
  • Moving forward on how will adjudicators be selected
  • What will end users look for
  • What does it mean to be an efficient adjudicator
  • Predictability of experience
  • Avoiding surprises
  • Services Strategies
  • Dealing with design and workmanship issues
  • Dealing with legal issues
  • Dealing with jurisdiction issues
  • Dealing with process issues
  • Legal contract exceptions and exclusions that could impact written determinations
  • Case law considerations in writing determinations

ROBERT J. KENNALEY
Kennaley Construction Law

 

Robert Kennaley worked in the construction industry for 15 years before going to law school. He has since practiced exclusively in the area of construction law for his 25+ years career in law. His day-to-day practice involves contract drafting and review, dispute resolution and negotiations, construction lien and trust claims, claims involving owners, consultants and insurers, tendering issues and claims, building code violations, claims against performance and labour and material payment bonds.

CHAD KOPACH
Blaney McMurtry LLP

 

For two decades, clients have relied on Chad Kopach to help them achieve practice and timely litigation solutions. Chad is Certified as a Specialist in Construction Law by the Law Society of Ontario, and is a Certified Adjudicator under Ontario's Construction Act. Chad's strategic thinking helps his clients navigate the pitfalls of construction dispute, and leverage the special lien, trust and prompt payment remedies available to the construction industry. His clients appreciate the attention he gives to their claims.

Chad represents all levels of the construction pyramid, from owners to material supplies. He also represents secures lenders in priority disputes.

SAHIL SHOOR
Gowling WLG

 

Sahil works in all sectors that involve construction projects, including commercial construction, real estate development, infrastructure and civil works, power and energy (nuclear, hydro-electric and power generating stations), and transit/transportation (P3). Sahil acts for owners, sureties, developers, engineers, contractors and subcontractors at various stages of project development and execution. He is a firm believe in proactive project management to avoid disputes or to protect his clients' positions should that not be possible, but is a seasoned fighter and formidable opponent where necessary. He is as comfortable managing large trials on highly technical disputes in litigation and arbitration as he is in conducting mediations, adjudications and other forms of alternative dispute resolution, whatever the jurisdiction or location of the project.

JERRY CRAWFORD - Moderator
KGC Consulting Services Ltd.

Jerry Crawford, PQS, is the founder and principal director of KGC Consulting Services Ltd. He is a commercial management and contract administration expert with over 43 years of experience in the building and civil construction industry working predominantly in Canada on transportation, energy, commercial, industrial, multi-residential, civil & building infrastructure projects during the procurement, pre-contract, execution, and post contract phases. International experience includes working in the USA, Bermuda, and South Africa.

He has extensive experience working on claims & disputes with legal counsel, owners, contractors, subcontractors, and surety companies and expert report writing and input on issues regarding scope of work disputes, constructability analysis, contract compliance, liens, abandonment, workmanship defects, delays & disruptions.

He is the past president of the CIQS Prairie Chapter, and a past member of the CIQS board of directors. He is also a past member of the ADR Institute of Alberta board of directors.