Litigation & Advocacy

Disputes are not always resolved without litigation.

At McLauchlin & Associates we are skilled and knowledgeable in protecting our clients' interests in the courtroom. We have a great deal of experience representing our clients at all levels of dispute resolution, from negotiations in the field through trials and appeals. We have represented 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. We have extensive trial experience and believe our knowledge of applicable law and the rules of court, coupled with our understanding of how to effectively present construction claims, has served our clients well in helping them to achieve successful outcomes.

  • Negotiations

    Focused on discussion aimed at reaching early resolution.

  • Voluntary and mandatory mediations

    The intervention of a third party mediator in a dispute in order to obtain resolution.

  • Arbitrations

    The formal hearing and determining of a dispute or the settling of differences between parties by a person or persons chosen or agreed to by them.

  • Case managed action

    Managing client cases effectively to reduce delay, decrease unnecessary costs and to facilitate early resolution.

  • The construction lien court

    The hearing and determining of a dispute or the settling of differences between parties by a Master of the Construction Lien Court or a Judge of the Province of Ontario.

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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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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