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 disputes, with over 16 years of experience supporting developers, contractors, and subcontractors through procurement, contract negotiation, and claim management. He specializes in construction arbitration and has acted on significant infrastructure, energy, and civil engineering disputes worldwide. Khalil is a Qualified Arbitrator with extensive experience across ICC, LCIA, ADRIC, DIAC, and SIAC rules.
Philip practices in construction, class actions, and professional liability, with a developing focus in cyber and privacy matters. He is called to the bar in both British Columbia and Ontario and has appeared before courts in both provinces. Philip values strategic advocacy and is active in promoting diversity through his firm’s DEI Committee.