Mediation, Arbitration, & Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution (ADR), including mediation, project mediation, adjudication, and arbitration, has become an increasingly popular and common mechanism for the resolution of disputes within the construction industry.

Parties may be contractually bound to various alternative dispute resolution events or may voluntarily submit to alternative dispute resolution after a dispute has arisen. Both non-binding and binding forms of alternative dispute resolution before neutral, independent third parties can work in conjunction with or entirely displace more customary forms of adversarial proceedings, such as those before the Courts.

In addition to traditional advocacy, McLauchlin & Associates maintains significant experience acting as counsel in all forms of alternative dispute resolution. In this regard, we strive to undertake creative, flexible and results based problem solving on behalf and to the satisfaction of our clients.

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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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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