University of Calgary Continuing Education Construction Contract Law & Documents

 Introductions Bob Schuett  Course Objectives understand the legal system, its origins and, in a broad sense, how it functions. analyze a dispute and express the issues in an organized fashion. understand the proper role of legal counsel and know how to use a lawyer efficiently. understand the essential components of a contract. draft a simple, enforceable contract (and understand why you shouldn't), prepare tendering procedures and understand the recent changes to the law of tenders. prepare and administer a standard form contract. recognize a breach of a contract and its resolution, make a decision regarding the appropriate venue for the resolution of a contract dispute, identify the basis for a construction claim and prepare the documentation necessary to support it, understand the application of the Alberta Builders' Lien Act, know how to file a Builders' Lien and know when to get professional assistance.

Construction Contract Law & Documents  Administration Attendees Assignments & Exams Teaching methodology/classroom discipline  Questions

Construction Contract Law & Documents  Session 1 The Development of the common law system Constitution of Canada The Court System FILAC Lawyers

Construction Contract Law & Documents  The development of the common law system  Meaning of Sovereignty  Loss of sovereignty Conquest (and treaty) Treaty (see NATO and Alaska examples) Voluntary  Magna Carta  Evolution of courts Special Courts to deal with certain issues  The Common Law  Common Law vs Statutes  Stare Decisis (1 2 ex)12ex

Construction Contract Law & Documents Constitution of Canada  Roots in Britain – flavoured by Quebec  Unwritten until 1982 Canada Act 1982 Constitution of Canada Separation of Powers Responsibility for justice system

Construction Contract Law & Documents Canada’s Court System  Jurisdiction – geographic & topic  Supreme Court of Canada Alberta’s Court System  Court of Appeal  Court of Queen’s Bench  Provincial Court Civil Criminal

Construction Contract Law & Documents  Jurisdiction Court of Queen’s Bench  Excerpt Excerpt  Superior Court  Masters’ Chambers Provincial Court  Excerpt Excerpt Appeals

Construction Contract Law & Documents  Lawyers Expensive Treat like high priced equipment  Do your homework.  Sort out your documents.  Follow their legal advice Bound by code of conductcode of conduct Must use lawyer for certain thingscertain

Construction Contract Law & Documents  FILAC A methodology for the systematic analysis of legal problems. Different acronyms are used but they all amount to the same thing. Facts  All relevant facts should be listed Issues  Define the questions that must be answered Law  What law – both statutory and case law should be dealt with Analysis  Correlate the facts and the law Conclusion  Example of a case Example of a case  Sample Analysis Sample Analysis