Designed specifically for construction management professionals and in-house legal counsels, this session aims to provide a practical understanding of some of the most contentious clauses in construction contracts and how these often become the focal points in disputes and arbitration proceedings. Participants will explore the legal and commercial implications of each clause, followed by a discussion on how actual damages are assessed. The session will guide attendees through the enforcement of arbitration agreements, the typical steps involved in a construction arbitration, and best practices in drafting clear and enforceable dispute resolution clauses. Real-world case studies will be used throughout to highlight common pitfalls and practical strategies to manage contractual risks and resolve disputes effectively.
Topics Include
- Extension of Time Provisions
- Force Majeure
- Good Faith
- Notice Provisions
- Liquidated Damages
- Assessing Damages
- Enforcing Arbitration Agreements
Khalil advises clients on major construction projects and complex construction disputes. He has over 16 years of experience advising developers, contractors and subcontractors at every level of the supply chain, from procurement, contract drafting and negotiation, through to claim management arising during the life cycle of a project, including issues of scope, delay and quantum. He has significant experience of a wide variety of project contractual arrangements.
In addition to his front-end work, a significant part of Khalil’s work is advising clients on bringing and defending a wide variety of construction and engineering claims, insurance and reinsurance of risk as a function of his construction and engineering practice, as well as energy-related disputes. He has acted on some of the largest civil engineering disputes in infrastructure, utilities, retail and hotel developments, airports, oil and gas (midstream and downstream), among others.
Philip practices primarily in the area of construction, class actions and professional liability, while also developing a practice in cyber and privacy matters. Philip is a passionate advocate who prides himself in efficiently problem solving complex legal issues and delivering the best possible outcome for his clients.
Called to the bar in both British Columbia and Ontario, Philip has represented his clients in the Provincial and Supreme Courts of British Columbia, as well as Ontario’s Small Claims Court and Superior Court of Justice.