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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. These disputes often involve complex and multifaceted issues, affect several parties and have numerous potential causes. The stakes can be high, from financial losses caused by cost overruns, delays to completion dates or defective work or materials, to reputational damage due to allegations of poor project management or poor quality construction. Additional risks arise from failing to adequately address construction, safety and business issues.
 
Blakes has developed a well-deserved reputation for its 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 litigation. 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, construction lien claims for extras and claims for defective workmanship and materials, among others. We also act on smaller matters that involve construction 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
  • A pipeline company in a construction arbitration related to a terminal project.

  • Hydro-Québec before the Supreme Court of Canada in the context of a C$1.34-billion construction project for a major power transmission line in Quebec.

  • Ontario Power Generation on disputes arising from work performed by Doosan Power Systems on the conversion of the Atikokan Generating Station from coal to biomass.

  • Infrastructure Ontario in a high-profile multi-party litigation resulting from delays in the completion of various stadiums that were built for the 2015 Pan American and Parapan American Games.

  • Acted for a group of international insurers in a claim brought by Flatiron Construction and Canadian Natural Resources Limited for coverage relating to the failure of mechanically stabilized earthen walls in a Tailings Pond in the Oil Sands.

  • Elad Canada Inc. and various affiliates in a series of construction deficiency actions commenced by the condominium syndicates at the Cite-Nature Project.

  • Counsel to CNOOC International Ltd. (formerly Nexen Energy ULC) arising from their Long Lake Pipeline spill in northern Alberta.

  • Counsel to a consortium of international insurers, including those in England, France, Germany, United States and Canada, with respect to a coverage claim for C$500-million related to construction and refurbishment of the Point Lepreau nuclear generating station in New Brunswick.

  • Counsel to Carillion Canada Inc., the prime contractor in a dispute related to the construction of a 1400-km transmission line.

  • Mera Cannabis Corp. in a dispute between the owner and EPC contractor on design build project to construct a cannabis cultivation facility.

  • Air Liquide in an arbitration with KBR related to an oil sands construction project.

  • A major municipality in construction disputes related an infrastructure project

  • 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 about solicitor-client privilege.

  • 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.

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