Bennett Jones Lawyers and Advisors Group: Construction

In this world of innovation in construction and procurement, complex construction agreements and financing structures, detailed legislation, and aggressive competition, competent and timely legal support is indispensable for any successful player in the construction industry. Our strong construction contracts team, combined with our litigation and corporate commercial practices and our state of the art technical and document management systems, provides full legal support to the construction industry in this increasingly complex, hybrid area of commercial law and litigation.

Our clients include owners, designers, contractors and lenders in the construction business, in government and the private sector, as well as the businesses that finance and underwrite construction projects of all kinds. This includes construction of resource extraction infrastructure, including power plants, mines, dams, pipelines, highways, water reservoirs and sewage lagoons, commercial, industrial and office buildings, shopping centres and utilities.

Our services fall into the five major categories of venture structuring, contract negotiation, financial risk management, construction challenges and construction claims. Early in project development, we engage in the structuring of joint ventures, partnerships, consortia and corporate vehicles to integrate risk equity, design expertise, construction capability and operational experience. Effective litigation management starts with tight, well-written contracts. In the implementation phase we advise clients on contract preparation, analysis and review of a variety of construction-related agreements, including joint venture, construction, consulting, supply and sub-contract agreements. We also counsel and defend clients on coverage issues, most often in connection with owner-controlled insurance programs, liability policies, builders’ risk policies, errors and omissions and professional liability coverage.

Throughout the construction process, we represent clients in matters involving progress payments, certificates of substantial completion, claims, warranty periods and obligations, holdbacks, lien periods and rights. When disputes arise, we represent clients in connection with liens, construction defects and specific performance issues.

We provide ongoing legal support on operational issues such as employee and labour relations matters involving Workers’ Safety and Insurance Board and employment standards matters, occupational health and safety requirements, employment contracts, severance, collective bargaining and union relations and grievances, as well as tax litigation matters, import permits, environmental damage claims and other claims arising out of ongoing and completed projects.

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