Construction Law

Our lawyers have acted on construction projects for a broad spectrum of clientele, including owners, contractors, developers, some of the largest and most respected renewable energy companies, financial institutions and surety companies. We have considerable experience in negotiating construction contracts from both the owner’s and contractor’s perspective. We have worked on contracts relating to construction in the private sector as well as projects which involve public/private stakeholders. We also have considerable experience acting on construction financing, both as borrower’s counsel and lender’s counsel. We provide advice to clients with respect to the Construction Lien Act in relation to drafting contracts and in connection with contract administration as part of the payment process. We have assisted clients in drafting stipulated price contracts, guaranteed maximum price contracts, design build contracts and construction management contracts and are familiar with the standard Canadian Construction Documents Committee and Canadian Construction Association documents. We have been involved in reviewing contracts with owners, developers, financial institutions, trades, suppliers, architects, engineers, planners and government agencies

Our recent representative experience includes the following:

• Drafted the construction contracts for the development of a 20 MW solar park by a major solar park developer. 
• Drafted numerous engineering procurement and construction contracts  (“EPC”) for our other wind, solar and biogas clients.
•  We have acted for a major European appliance manufacturer in relation to the construction of its new Canadian headquarters. 
• We have acted for a large American parking facility provider and its well-known Canadian construction company partner on a public-private partnership involving the construction of several multi-level parking garages located at various hospital complexes in southern Ontario.
• We have acted for a major European construction conglomerate that has been contracted to the design and construct a $1.6 billion dollar, 10.4 kilometer hydro tunnel below the City of Niagara Falls.
• We have acted for numerous construction lenders and, since 1997, have acted for a major international bank with respect to all of its Canada Mortgage and Housing Corporation insured construction loans in Ontario, including projects ranging from $10 million to $130 million. 
•  We have also acted for two of the largest surety companies with respect to performance, labour and material payment bonding facilities as well as Tarion Bonds and excess condominium deposit insurance facilities in connection with condominium development projects.