Find Lawyers in Canada for Construction Law

Practice Area Overview

Construction law involves the regulation of the rights and obligations of parties at various phases of a construction project. Construction lawyers will negotiate and prepare project documentation such as tendering documents, construction contracts and subcontracts (including infrastructure and public-private partnership contracts), and material and equipment supply contracts.

Another aspect of construction law involves negotiation and documentation of project finance. Legal assistance may also be required in procuring labour and material or performance bonds from sureties and with issues arising when such bonds are utilized to complete the project. When property owners or contractors become insolvent, construction lawyers can assist in resolving the priority disputes that arise between lenders, government agencies, employees, and general creditors. A construction lawyer may also assist in review of various insurance policies such as builders’ risk/course of construction, wrap-up, and general liability policies and issues arising between construction parties and insurers if disputes arise.

Construction litigators are involved when disputes arise either through or after the construction process. During the tender process, there may be disputes regarding the bid process. During or after construction, there may be disputes about work that is part of or extra to the contract, costs associated with a delay in the construction, quality issues, and damage to the actual project. These issues may be resolved through mediation, arbitration, or trial. Construction law also involves the lien process whereby a legal charge is registered against the land to secure unpaid work or materials.

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Related Practice Areas: Municipal Law, Real Estate Law
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