Construction Law

Our lawyers are uniquely positioned to provide countrywide legal services on an individual or joint retainer basis for all or any elements of construction claims and related insurance and jurisdictional issues. We provide legal advice and assistance to local, provincial and national clients with respect to all manner of construction issues and disputes including:

Construction Litigation

Our lawyers that specialize in construction law provide legal services to financial institutions, insurers, governments, owners, developers, professionals, contractors and suppliers, throughout the country and cover all aspects of construction including:

• Contract negotiation and documentation including design contracts, construction contracts, design/build contracts, development agreements, and agreements of purchase and sale
• Design and construction changes
• Claims for extras, credits and delay
• Construction lien disputes
• Negligence and breach of contract of consultants, inspectors, municipalities and contractors

Liability of Professionals

Our Construction Law lawyers have years of experience in aggressively representing architects, engineers, land surveyors, building consultants and other related construction professionals and their insurers. Historically, these lawyers are involved as early as the receipt of a claim letter permitting, if possible, the avoidance of a lawsuit. Early involvement by the individual construction law lawyers permits a thorough investigation and identification of all potential exposures to ensure maximum safeguarding of the clients’ legal positions.

If a lawsuit is unavoidable, the individual lawyers are highly trained to assist their clients in controlling their risk and exposure by retaining experts and by establishing a detailed defence budget and reporting procedures. Experienced representation is then provided throughout the litigation process through conciliation, mediation, arbitration, trial and appeal all with a view to achieving the lowest cost practical solutions to meet the clients’ business objectives.

Construction Insurance

These lawyers are leaders in the insurance field and provide legal advice in regard to project specific insurance policies, builders’ risk insurance policies, commercial general liability policies and wrap-up liability policies. This includes:

• Advice prior to issuance of the insurance policy and ongoing advice directed to upgrading of existing policy wordings
• Analysis of relevant primary, excess and project policies with a view to determining the insurance coverages available
• Resolution of claims involving competing coverages.

Bonding

Bond claims must always be handled in a careful and timely manner. Individual members in the Construction Law Practice Group have a wealth of experience in handling claims under bid bonds, lien bonds, performance bonds, labour and material payment bonds and related instruments including:

• Determination of the scope of the bond
• Validity of the notice under the bond
• Investigation of the claim under the bond
• Development of a strategy to ensure the cost effective and timely completion of the work
• Rapid resolution of the claim
• Effective prosecution of indemnitors

Publications

• Thorns and Roses of Arbitration Clauses to Third-Party Beneficiaries , McCague Borlack LLP, October 30, 2024
• In Pursuit of Fairness: Revised Test for Dismissal of Proceedings for Want of Prosecution by the BC Court of Appeal , Brownlee LLP, January 24, 2024
• Are Building Developers Liable? Maybe… Condo Corp v JV Somerset Development Inc, 2022 ABCA 193 , Brownlee LLP, September 01, 2022
• Rule 3.45 is not a Limitation Period , Brownlee LLP, August 30, 2022
• Improperly sued? Can you recover costs if the action is dismissed? Rule 23.05 , McCague Borlack LLP, February 03, 2022
• Relevant & Substantial Undertaking Responses Might Qualify As Litigation Steps , Brownlee Law, September 23, 2021
• Clarifying the Impact of Informal Offers on Cost Calculations , Brownlee Law, August 13, 2021
• All-Inclusive and Without Costs Rule 49 Offers , McCague Borlack LLP, June 29, 2021
• Loss of Care, Guidance, and Companionship Damages: A New Benchmark? Case Study: Moore et al., v. 7595611 Canada Corp. , McCague Borlack LLP, June 28, 2021
• Claim for Loss of Opportunity Damages - Case Study: Akelius Canada Inc. v. 2436196 Ontario Inc , January 18, 2021
• Disengaging Assets subject to a CCAA Proceeding - Case Study: Teliphone Corp. v. Ernst & Young Inc. , January 18, 2021
• Silence is not golden when it comes to contracts - Case Study: C.M. Callow Inc. v. Zollinger , January 08, 2021
• Big Changes to Small Claims: How COVID-19 has affected the Small Claims Court , January 05, 2021
• So you want to amend a pleading? Not so fast! Featured - Case Study: McConnell v. Fraser , November 06, 2020
• Protecting Contractors is Paramount - Case Study: Urbancorp Cumberland 2 GP Inc. , November 06, 2020
• Interlocutory Consent Orders and the Court's Discretion to Vary or Set Aside Terms , Brownlee Law, October 22, 2020
• Jury Questions: When to Ask for Reasons - Case Study: Cheung v. Samra 2020 ONSC 4904 , September 26, 2020
• The Court exercises its "Fact Finding Powers" - Case Study: Carmichael v. GSK Inc. , September 26, 2020
• Ontario Courts updating online infrastructures to accommodate COVID-19 needs for safety , August 11, 2020
• Updates around Civil Matters in the Superior Court of Justice in the Central East Region , August 10, 2020
• Corrosion Exclusion II - Resulting Physical Damage An exception to the exclusion in case: MDS Inc. v Factory Mutual Insurance , McCague Borlack LLP, July 03, 2020
• Corrosion exclusion denied due to ambiguity: This author disagrees with the determination in case: MDS Inc. v Factory Mutual Insurance , McCague Borlack LLP, June 24, 2020
• A Plea for Simple Pleadings , McCague Borlack LLP, May 31, 2020
• Factors to consider during the tendering process - Case Study: Aquatech Canadian Water Services v Alberta (Minister of Environment and Parks) , McCague Borlack LLP, May 23, 2020
• COVID-19: Taking stock of urgent motions , McCague Borlack LLP, April 15, 2020
• COVID-19: Business interruption – Are you covered? , McCague Borlack LLP, April 14, 2020
• Impacts on the Performance of Agreements Due to COVID-19: A Focus on Development Agreements , Brownlee LLP, April 07, 2020
• Construction Act Reforms: Now in Effect! - Ontario Dispute Adjudication for Construction Contracts (ODACC) , November 15, 2019
• Alberta Court Of Appeal Comments On The Test For Setting Aside A Default Judgment , May 13, 2019
• Down the Path to the End Finality: A Case Study of Gillham v. Lake of Bays (Township) , September 19, 2018
• Subrogating Claims in the Construction Context: They Do Exist , September 08, 2018
• To Warn or Not To Warn: An Explanation of the Duty to Warn and the Reasonable Foreseeability Analysis: Case Comment: Maxrelco (Immeubles) v Lumipro Inc. , June 29, 2018
• Common Interest Privilege: A New Tool in the Litigation Basket , May 25, 2018
• Proposed Changes to Ontario's Construction Lien Act , First published in MB Client Newsletter, June 23, 2017
• Stipulated Remedy Clauses , February 24, 2017
• Injunctions To Restrain Breach Of Contract , February 24, 2017
• When are municipalities granted immunity in a civil action? Case Study: Keyland Development Corporation v Rocky View , February 08, 2017
• Mould Growth Personal Injury Claims Spreading , First published in the Client Newsletter., December 13, 2016
• Back to Basics on Betterment: A Primer on Recent Judicial Decisions Pertaining to the Issue of Betterment , First sent by MB Client Newsletter, December 07, 2016
• The Supreme Court Rules on Faulty Workmanship Exclusions and Interpreting Standard Form Contracts , October 06, 2016
• Expert Review of Ontario's Construction Lien Act , October 06, 2016
• Fault Exclusions in Course of Construction Policies: Ledcor and Acciona Infrastructure , First published in the Toronto Law Journal, April 30, 2015
• Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
• Ontario Court of Appeal confirms that home buyers are not barred by the provisions of the Ontario New Home Warranties Plan Act from pursuing remedies in the courts , Published in McCague Borlack's Subrogation Newsletter, January 01, 2009