Construction original
Litigation & Professional Liability


This Practice Group is made up of experienced lawyers from the independent affiliated law firms that comprise Canadian Litigation Counsel.

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.


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