BIDDING & TENDERING FOR THE PUBLIC AND PRIVATE SECTOR

Practical considerations: Emerging issues in bidding and tendering
W. Andrew McLauchlin

Privilege clauses: The importance in the tendering process
W. Andrew McLauchlin

RFPs and tenders: What to use and when
Dave Fencott

Handling bid mistakes in the tendering process
Robert J. Kennaley

Dealing with unfair practices and non-compliance
Robert J. Kennaley

Preparing bidding documents: Reducing the potential of claims
Roger Bridges

Preparing tender documents: Role of the consultant
Roger Bridges

Bidding documents: The owner's perspective
Robert J. Kennaley

Bid depositories
Tom Vivian

Latest issues on bonding
Raymond Bassett

Emerging issues in bidding and tendering: The bidder's perspective
Steve Fogarasi

Mr. McLauchlin is the principal of McLauchlin & Associates. He is a graduate of York University and the University of Western Ontario Law School and was called to the Bar in Ontario in 1975. Mr. McLauchlin is a member of the Law Society of Upper Canada, the Canadian Bar Association, the Metropolitan Toronto Lawyers Association, the Advocates Society, the Defence Research Institute, The Toronto Construction Association, the American Concrete Institute and an associate member of the American Bar Association. Mr. McLauchlin is also a Fellow of the Canadian College of Construction Lawyers and is certified by the Law Society of Upper Canada as a Specialist in Construction Law.

With a background in construction, Rob Kennaley brings practical experience with contract negotiations, project management and contract administration to his construction law practice. Rob has acted for clients at all levels of the construction industry, including owners, design consultants, contractors, subcontractors and material suppliers. Rob's day to day practice involves negotiations, contract drafting, construction lien and trust claims, claims against owners, consultants and insurers, claims against maintenance contractors, tendering issues, building code violations, claims against performance and labour and material payment bonds, Workplace Safety and Insurance Act claims and Occupational Health and Safety Act charges.

Nancy practises as an associate in Koskie Minsky's litigation department in corporate and commercial matters, including: contract, construction, wrongful dismissal, real property, shareholder remedy and professional negligence litigation. Nancy serves a broad range of clientele within the private sector, including large and small businesses, construction contractors, developers, franchises, professional associations and individuals.

Roger is a professional engineer with 33 years experience in engineering/construction. Knowles Worldwide has over 400 claims consultants specializing in delay, disruptions, loss of productivities and associated quantum claims. Roger has successfully prepared delay claims on a variety of projects, including design/build procurements and has a good understanding of when to recognize the factors which will cause delays.

Dave Fencott started in the field as assistant to the superintendent in 1996. He became project manager in 1997. He has responded to numerous requests for proposals on a variety of design-build industrial and commercial projects and has issued calls for tenders, reviewed submissions and awarded contracts to sub-trades. He has also prepared proposals and presented them to potential clients. Mr. Fencott is the engineer of record at Con-Eng.

Mr. Vivian is a graduate of Concordia University - Marketing & Statistics.

He has been involved in Construction and Property Management Industries for last 17 years. His work experience includes - General Manager of mid-sized Industrial/Commercial Development and Property Management company; District Manager for Tridel - Condo Division; and Manager/Secretary Treasurer - Construction Bid Depository of Ontario.

Mr. Vivian has taught "Physical Building Management" course at Humber College - requirement for RCM program for Ontario.

Mr. Bassett is the National Manager, Surety Risk Management for Aviva Canada Inc. Mr. Bassett graduated from Trinity College at the University of Toronto with a Bachelor's Degree in Philosophy and English. In 1986 he joined the claims department at USF&G Canada, and Mr. Bassett has been responsible nationally for surety claims since 1989. Through a series of mergers and acquisitions this surety business has come to be part of Aviva Canada Inc., one of the largest Property & Casualty insurer in Canada. In addition to his claims role, Mr. Bassett is involved in risk management and loss avoidance work with Aviva contractor clients, as well as surety product development, including educational workshops and feedback sessions with project owners, consultants, and other consumers of surety products. Mr. Bassett has been a frequent speaker at CCA conferences, consultant to the ICI Working Group Subcommittee of the Ontario Attorney General's Advisory Committee on Construction Dispute Resolution Alternatives, and has spoken on surety issues for the Canadian Construction Association, the Toronto Construction Association, the Insurance Institute of Ontario, and the Surety Association of Canada, and several industry conferences. Mr. Bassett is married with 3 young children who have no idea what he does during the day.

Steve is a professional engineer experienced in civil engineering, estimating, tendering and managing a wide variety of construction projects. He has always worked for contracting companies in different management positions either on large project sites or leading the estimating department for providing profitable construction works. As Vice President of Kenaidan he is responsible for the tendering activity of the general contracting company, working in Ontario and British Columbia on water treatment plants and other civil engineering and ICI projects for the public and private sector.