Construction & Infrastructure Law

Dale & Lessmann's Construction & Infrastructure team assists clients in a variety of matters related to the construction and infrastructure industry.
We have considerable experience in negotiating construction contracts from both the owner’s and contractor’s perspective and have worked on contracts relating to construction in the private sector as well as projects which involve public/private stakeholders. We also have extensive experience acting on construction financing, both as borrower’s counsel and lender’s counsel. 

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 offer our Construction & Infrastructure clients cost effective and innovative solutions to the wide array of construction issues they encounter frequently. 

Our services include:

  • Advice with respect to the Construction Lien Act in relation to drafting contracts and in connection with contract administration as part of the payment process. 
  • Drafting of 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. 
  • Review of contracts with owners, developers, financial institutions, trades, suppliers, architects, engineers, planners and government agencies. 
  • Resolution of construction-related disputes.

Our recent representative experience includes the following:

  • Acting in relation to the engineering, procurement, financing, divesture, acquisition, construction, commissioning, operation and maintenance of more than 2.5 GW of renewable energy projects in Canada, including rooftop and ground-mounted solar projects, biogas projects, hydro projects and wind projects under the Ontario Power Authority's FIT Program and MicroFIT Program.
  • Acted for a major European appliance manufacturer in relation to the construction of its new Canadian headquarters. 
  • 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.
  • Acted for a major European construction conglomerate that was 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. 
  • Acting 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
  • Acting for a Danish/German multinational company in relation to the multi-million dollar development and expansion of Airport Terminal in Calgary, Alberta.
  • Acting for a major German construction conglomerate in relation to the development of 15 km $564 million Southeast Collector Trunk Sewer Tunnel Project in Pickering, Ontario.
  • Acting for a major European construction conglomerate in relation to the development of 8.6 km $2.6 billion Toronto Transit Commission Toronto-York Spadina Subway Extension Project.
  • Acting for a Swiss/Austrian railway construction and maintenance consortium in relation to tendering, construction, maintenance and refurbishment of Metrolinx, Via Rail, CNR and CP rail lines.
  •  Acting for German construction company in relation to successful bid and negotiation of contract for the construction of $1.3 billion twin towers at Brookfield Place in Calgary.
  • Acting for a world leading logistics solutions provider from Germany. The client was contracted by one of Canada's leading grocery retailers, to design, commission and service the software, electronics and machinery of 500,000 square foot, state-of-the-art automated distribution centres in Ontario and Quebec. This multi-million dollar project also required our firm to assist in relation to the transfer to Canada of approximately 320 foreign workers from Europe and the USA.
  • Acting for a US construction and engineering contractor in relation to ground freezing of major aquifer at Suncor Energy’s Fort Hills Oil Sands Project in Alberta.
  • Acting for German glass and steel façade builder in relation to successful bid and negotiation of  multi-million dollar subcontract for the renovation of the West Block of Parliament Hill in Ottawa.