Mastering Subcontracts: Maximizing Opportunities and Minimizing Risks - September 8 and 9, 2026

Today subcontracts are becoming more and more confusing and onerous with the General Contractors pushing more and more risk, responsibility and liability onto the Trade Contractor, so it behooves the Trade Contractor to have a greater understanding of the contract before a problem threatens their business rather than after. 

In the intricate world of construction projects, subcontracting plays a crucial role in achieving success. However, navigating the complexities of subcontracts requires a keen understanding of both the opportunities they present and the risks they entail. Today, subcontracts are increasingly complex and burdensome, with general contractors transferring more risk, responsibility, and liability onto subcontractors. Therefore, it is imperative for subcontractors to gain a deeper understanding of contracts before potential problems arise, rather than after.

Formally this workshop was named Trade Contracts – A Double-Edged Sword. In this workshop, we will delve into the strategies and practices that enable participants to leverage subcontracting opportunities to their fullest potential while mitigating associated risks. Whether you're a seasoned subcontractor or new to the subcontracting arena, this workshop is designed to provide valuable insights and practical tools to enhance your subcontracting endeavors.

Participants will utilize a manual featuring spreadsheets and checklists to explore the contractual responsibilities of subcontractors. We will examine clauses pertaining to design responsibility, performance specifications, conduit or flow-down provisions, scope of subcontract work, payment terms, insurance requirements, protection of work, warranties, and temporary site facilities. Furthermore, we will delve into contract law, terms and conditions, incorporation by reference, and other pertinent contract terms.

Participants will collaborate to develop a "Subcontract Handbook," enhancing your understanding of contract requirements. Additionally, we will utilize a green, amber, and red-light system to analyze actual subcontract clauses, empowering participants to identify clauses of concern when reviewing and comprehending construction contracts they are considering bidding on or signing.

This workshop offers a unique resource: a comprehensive manual serving as a reference and companion throughout the sessions. Drawing upon over 40 years of collective experience in the construction industry, this manual is a valuable asset. It provides practical how-to guides, checklists, and templates, serving as a foundation for implementing new processes and procedures, whether in the office or on the jobsite.

Presenter:
Lee Kelly, M.A.A.T.O., P.GSC; President, Constructing Minds Inc.

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