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IPD and the Architect: Challenges and Opportunities

Sponsored by Pro-Demnity Insurance Company

 

Location: Laurentian Main campus, room C-112

1.5 ConEd Learning Hours

1.5 AIA LU

1:00 p.m. – 2:30 p.m.


The wasted effort, disputes, acrimony, lack of trust, and litigation experienced by all participants in the design and delivery of projects is steadily increasing—and the cost for everyone, including the insurance premiums we all bear, is no longer sustainable. Put simply, we have reached the breaking point! 

Integrated project delivery (IPD) embodies a paradigm shift in project delivery, the essence of which is intentional, intensive, and focused collaboration among all key members of the project team—owner, consultants, and contractor—to identify and agree on project goals, and then meet them together. IPD’s hallmarks include early involvement, co-location, stipulated profit at risk, and waivers of claim among the participants. 

This session focuses on how the architecture profession, as well as owners and contractors (and their legal advisors) need to “think different” in the IPD environment, highlighting the significant benefits of doing so (including greater owner satisfaction, better profitability, reduction of risk, and deep professional satisfaction for the participants). 

It includes discussion of CCDC-30, the revolutionary multiparty IPD agreement that one commentator states “will reshape the Canadian construction industry landscape,” plus lessons learned from several real-life experiences with IPD.  


Learning Objectives

  1. Understand why project delivery models are evolving toward greater collaboration, and why IPD is an attractive approach owners, consultants, and contractors.
  2. Be able to describe the key features of an IPD approach that depart from the current conventional project delivery models.
  3. Learn how and why CCDC-30-2018 is a fundamental departure from previous CCDC form of contract;
  4. Be better prepared to consider and plan an IPD approach with clients and colleagues.

Geza R. Banfai, counsel at McMillan LLP, is a highly regarded Ontario lawyer, specializing in infrastructure (construction and public procurement matters). He is a frequent presenter and prolific writer on a variety of construction and infrastructure-related issues. In his construction law practice, he has represented participants at every level of the construction pyramid, from negotiating and drafting construction and related contracts (including alliancing and joint venture agreements, P3, and similar lender-driven arrangements) to claims and disputes of many kinds. Geza is a strong supporter of the architectural profession in Ontario, an experienced and knowledgeable critic of the increasingly adversarial qualities that characterize much of the present design and construction process today, and a passionate advocate for more collaborative alternatives, in particular IPD. He sits as the ex-officio legal representative on the Canadian Construction Documents Committee and chaired the CCDC IPD committee which created the CCDC 30- 2018 standard form Canadian IPD contract. He currently chairs the task group considering updates to CCDC 30 to reflect experience gained in the initial five years of use.


John C.A. Hackett, B.Arch., OAA, FRAIC, is the VP Practice Risk Management for Pro-Demnity Insurance Company . Since 2004, he has been the “voice on the phone” and respondent to emails from architects seeking assistance with concerns related to liability and professional liability insurance. John has served as the moderator for many risk education seminars and events sponsored by Pro-Demnity, and has authored several risk management advisories. Before joining Pro-Demnity, he practised architecture for 35 years as a principal at one of Ontario’s larger practices. He is a Fellow of the Royal Architectural Institute of Canada. 


Bill Lett, OAA, FRAIC, is a managing principal at Lett Architects Inc. With more than two decades of practice, he has been involved in the design of major municipal, cultural, healthcare, and institutional projects across the province of Ontario. Bill sits as a board member of the Integrated Project Delivery Alliance, which supports emergent approaches demonstrating enhanced project outcomes for owners, consultants, and contractors. He believes in strong collaboration in design and construction, as evidenced by his firm’s participation in four Ontario IPD projects—two completed, two currently underway. Through his practice, he has participated in the development of Canada’s first Guide to Social Procurement in Construction with Buy Social Canada, become the highest ranked B Corp certified architecture practice in Canada, as well as holding memberships in Green Economy Canada, Arts Consultants of Canada, the Canadian Green Building Council, and the Canadian Council for Aboriginal Business.


Philip Ghosh is an experienced litigator with a practice dedicated to defending architects against professional liability lawsuits as in-house legal counsel at Pro-Demnity Insurance Company. He has successfully represented clients at all levels of Court in Ontario, as well as at mediations, arbitrations, administrative tribunals, and professional colleges.  Philip graduated from Queen’s University Law School in 2011, and was called to the bar in 2012. He is a member in good standing of the Law Society of Ontario, the Ontario Bar Association and Canadian Defence Lawyers. Although Pro-Demnity has yet to experience any claims on IPD projects, Philip has taken a personal interest in gaining a better understanding of IPD and the content of the CCDC 30-2018 multi-party agreement. 


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