Contract Drafting & Review

Terms and conditions of an underlying construction contract

Our experience tells us that 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. This is particularly so given that the contract documents for a construction project commonly include tender documents and submissions, consultant's reports, design and specifications, industry standards and shop drawings.

Our experience in dealing with the relationship between all such contract documents helps us to assist our clients in recognizing and allocating the contractual risks associated with any particular scope of work. We actively encourage our clients to involve us in the contract negotiations stage and have a great deal of experience in drafting both project specific and standard form contracts, including stipulated price, fixed price, design-build, cost reimbursable and unit price contracts. We actively participate in the development of prequalification and tender documents.

Other Practices

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Construction Claims

We recognize that construction claims differ from other types of commercial and contract disputes due to the unique nature of the construction industry.

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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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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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