Construction Law

The Davis LLP Construction Law Practice Group comprises a national team of corporate/commercial, litigation, and insurance law lawyers in Canada. The corporate/commercial component provides strategic and legal advice during the negotiation, development, financing, insuring, construction, and warranty phases of projects, from large real-estate projects to high-speed communications infrastructure projects. We routinely handle national and international mega-projects including public-private partnerships.

Our litigation lawyers have appeared before all levels of the courts and in alternative dispute resolution forums. Some of our senior litigation lawyers have acted as mediators, arbitrators, and judges in connection with construction disputes, particularly.

Our Group's experience covers:

  • Construction Disputes:  We have successfully represented owners, contractors, design builders, consultants, lenders, sureties and suppliers to the construction industry in many significant cases, including delay and impact claims, change-order disputes, changed-site conditions allegations and force-majeure events, insurance and bonding claims, inspection and supervision claims, defective workmanship issues, the collection of contract accounts, and matters of contractual interpretation.
  • Design and Engineering Issues: Our expertise includes engineers' and architects' common law and contractual obligations from the design, inspection and supervision services. We have handled hundreds of large-scale design and engineering cases including heavy industrial equipment failures, highway design and construction, concrete failures ranging from industrial floors to open mine grout curtains, bridge design and construction, transmission line and power system design and construction, and pressure vessel failures to name only a few. We have extensive experience in dealing with the world's leading experts in building and machine design and failure analysis.
  • Leaking Condominiums and Deficient Buildings: Our construction litigation team has acted for a broad range of private and institutional owners, developers, tenants, lenders and contractors in a host of leaking condominium claims, and other matters involving building deficiencies generally. Our trial lawyers have appeared before all levels of the Courts and in alternative dispute resolution forums, including mediations and arbitrations. Our lawyers have extensive experience dealing with insurers, government agencies, lending institutions and bonding and insurance companies.
  • Tender Advice and Disputes: We regularly act for owners and successful and unsuccessful bidders in tender disputes. We counsel numerous institutional clients with respect to the legal requirements of tender offer and acceptance, and routinely provide advice as to how to avoid pitfalls in these complicated areas. We also work extensively with our clients to develop custom or standard form contracts and tender packages.
  • Liens: We have represented thousands of clients over the years in lien claims involving real property, mining tenures, and petroleum leases. We advise claimants, general contractors, subcontractors, owners, and lenders on all aspects of liens from registration phase through the enforcement of the same.
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