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Construction Dispute Resolution

Construction Dispute Resolution
Construction Dispute Resolution
Expertise / Practices / Litigation & Dispute Resolution / Construction Dispute Resolution

Construction disputes present significant challenges to all of the parties concerned. Often, they involve complex and multifaceted issues, impact several parties and have numerous potential causes. The stakes can be high, from financial losses caused by cost overruns, delays or repairs of defective work to reputational damage due to allegations of poor project management or poor-quality construction. Additional risks arise from failing to deal properly with construction, safety and business issues.

Blakes has developed a well-deserved reputation for effective, efficient and practical resolution of construction disputes. Taking a practical, results-oriented approach, we focus on our clients’ goals, consider the issues and risks, and determine the best course of action, whether litigation, arbitration, mediation or negotiated settlement.

Clients come to Blakes because of our significant expertise in every aspect of construction law and dispute resolution. We have appeared before all levels of the courts, handling trials and appeals, and in alternative dispute resolution forums, including international and domestic arbitrations. Representing local, national and international clients in construction disputes, Blakes has represented building and facility owners, developers, engineers, architects, contractors, trades, suppliers, insurers and mortgagees.

Group members have been retained on complex construction cases involving design-build contracts, delay claims, procurement issues, as well as claims for extras and claims for defective workmanship and supplies, among others. We also act on smaller matters that involve lien rights and the efficient and effective collection of contract accounts.

Working closely with lawyers from our Construction, Energy, Oil & Gas, Infrastructure, Commercial Real Estate, Insurance, Environmental and Aboriginal groups, among other Firm specialists, we assure comprehensive, cost-effective representation. We also work with leading experts and claims consultants to assist our clients in reaching appropriate resolutions.

The Blakes Litigation & Dispute Resolution group has considerable strength and numbers across the country and is supported by a well-trained and dedicated group of paralegal and administrative staff. We have the most up-to-date electronic litigation resources and a proven track record in managing large, complex and document-intensive construction files, making us one of Canada’s leading construction law firms.

In addition to broad-based experience as counsel on construction disputes, our lawyers publish on the topic, belong to industry associations and have been appointed to rosters of arbitrators. One of our lawyers is a founding fellow of the Canadian College of Construction Lawyers. 

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Recent Experience
  • The City of Montréal in the successful defence of a C$63-million lawsuit, one of the longest and most complex trials in the history of Quebec, launched following the cancellation of a major construction project. The case also gave rise to a precedent-setting decision by the Supreme Court of Canada on solicitor-client privilege.

  • ACE INA in an insurance coverage dispute with Liberty International relating to a C$10-million settlement in a multi-party, highly complex construction defect litigation. The action raises significant unresolved issues in Canadian law.

  • Suncor Energy Inc. on a variety of construction matters, including a C$65-million lawsuit against a contractor relating to cost overruns and delays in construction of part of an Alberta oil sands facility.

  • AMEC Americas Limited on a significant construction matter involving a magnesium oxide plant in Jordan. AMEC is being sued by its Turkish joint venture partner over breach of various agreements. The matter is multinational and involves over 600,000 documents and approximately C$60-million to C$80-million in damages.

  • The City of Mississauga through a lengthy trial and appeal against a claim for damages for breach of contract, including losses due to delay and interference with contractual relations brought by a contractor.

  • Straight Crossing Joint Venture on claims made in relation to the supply of a post-tensioning system for the construction of the Confederation Bridge.

  • Ontario Lottery and Gaming Corporation on actions for damages in excess of C$500-million in respect of the design and construction of the Windsor Energy Centre.

  • A contractor on a claim against an Ontario municipality and an architectural firm in relation to the construction of a civic centre.

  • The purchaser of a chemical production plant in British Columbia in litigation relating to the dismantling of the plant.

  • The designer and installer of water systems in British Columbia on claims for payment for the supply of construction materials and services.

  • A significant design-build contractor with respect to bidding, design, construction, operational and related issues in respect of numerous major public-private infrastructure projects in British Columbia.

  • The owner of a two-tower office complex in Calgary in multi-party litigation and multiple claims related to defects in the building's structural support. Insurance coverage was also at issue.

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