Construction Claims

We know that construction claims differ from other types of commercial and contract disputes. This is due to the unique nature of the construction industry and the sheer volume of documents and complex issues that are common characteristics of construction litigation. We also know that the effective documentation, preparation and presentation of a construction claim are often critical to successful outcomes. Our experience in managing claims and experts, coupled with our knowledge of the construction industry itself, leaves us well equipped to assist clients on both sides of a construction dispute, including those which arise during the tendering process through to holdback distribution and warranty claims.

  • Claims relating to tender process

    Claims such as pre-qualification, errors in the tender documents, privilege clauses, award criteria, mistaken tenders and non-compliant bids.

  • Breach of contract claims

    Claims such as debtor/creditor, repudiation, wrongful termination and completion contracts.

  • Claims against Consultants

    This includes drawings and specifications, soils reports, condition surveys, shop drawings, site reviews and inspections and progress certifications.

  • Back charges and Deficiencies

    This includes deficient work, incomplete work and back charges for delay.

  • Delay and Impact claims

    Claims such as notice and waiver, scheduling methods, float and critical path, work sequence impacts, loss of productivity, extended duration, compensable and non-compensable delay, liquidated damages, causation and concurrent delay, site and home office overheads and damage assessment models.

  • Changes in the work

    Changes such as notice and waiver, scope of work disputes, extras and deletions, pricing disputes, impact costs and documenting the claim.

Other Practices

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Litigation & Advocacy

We represent clients at all levels and types of proceedings, including tribunals, mediations, arbitrations, construction lien proceedings, the Superior Court of Justice and the Ontario Court of Appeal

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The Construction Lien Act

The Construction Lien Act establishes a system of lien and holdback rights, as well as trust provisions to provide protection to the individuals who supply services and materials to construction project.

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Contract Drafting & Review

The vast majority of disputes that arise in the construction context can be traced back to the terms and conditions of an underlying construction contract.

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Bidding & Tendering

The obligations of a tender authority in the administration of a tender process have become better, and less understood over time.

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Private Power Projects

Power projects involve complex, integrated agreement structures that have to balance all the elements of an industrial construction project — from project financing through to commissioning and operations.

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Maintenance Contract Issues

Contractors and subcontractors who provide maintenance services are faced with obligations, client relationships and contractual pitfalls which are unique to the work they perform.

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Building Code & Zoning

Recent changes to the Ontario Building Code and the amalgamation of a number of municipalities have changed the way the OBC and zoning processes impact construction on a day-to-day basis.

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Mediation & Arbitration

Mediation/Arbitration, is a process by which parties work to resolve disputes through mediation and arbitration, either with an individual or a panel of individuals who are neutral in position to the matters at issue.

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