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Construction

Construction
Construction
Expertise / Sectors / Construction

The Blakes Construction group advises on all aspects of construction, including procurement, project development and financing, drafting and structuring of construction contracts, liens, prompt payment and payment adjudication, insolvencies, insurance, risk management, and dispute resolution. We have represented clients on projects of all sizes across industries and jurisdictions, including energy, manufacturing, transportation and other infrastructure projects, in Canada, the United States and abroad.

Our litigation lawyers have appeared before all levels of courts and in alternative dispute resolution forums representing owners, developers, contractors, trades and suppliers, as well as lenders, sureties and insurers on all types of construction-related claims. Clients retain Blakes on a wide range of complex construction issues involving design-build contracts, delay claims, claims for extras, claims for defective workmanship and supplies, employment and labour disputes, and claims regarding contaminated properties, regulated substances and use of allegedly defective materials. The group also acts on smaller matters that require the protection of lien rights and the efficient and effective collection of contract accounts.

Employing a multidisciplinary team of transactional lawyers and litigators from across the country enables us to offer comprehensive, cost-effective representation, including advice at all stages of a project on the various issues that arise. 

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Recent Experience

Corporate/Commercial

  • Abbotsford Concrete Products Ltd. on the sale of its business assets to Oldcastle Building Products Canada, Inc.

  • City of Toronto on the procurement and design-build contract for the F.G. Gardiner Expressway rehabilitation project (Jarvis to Cherry streets).

  • Ontario Power Generation on the development of their procurement and EPC, construction, engineered equipment supply and services contract templates.

  • BluEarth Renewables Inc. on the procurement and construction and supply contracts for various hydro, wind and solar projects in British Columbia, Alberta and Ontario.

  • Gypsum Management & Supply, Inc. on its C$800-million acquisition of WSB Titan from TorQuest Partners.

Litigation

  • BluEarth Renewables Inc. on a the Narrows Inlet project, a multi-river hydro project, regarding the environmental assessment certificate conditions, requirements and proposed amendments, permitting and licence issues, environmental issues related to financing and construction, First Nations issues, and land issues.

  • A consortium of international insurers, including those in England, France, Germany, the 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.

  • BluEarth Renewables Inc. on the Culliton Creek project in connection with dealings with subcontractors and related construction issues. Also advised on the environmental aspects of the construction of this run-of-the-river hydro project, including forest-fire risk and the ability to work during high-fire hazard, and advising on exemptions from the restrictions.

  • Intrawest ULC in various multimillion-dollar lawsuits relating to alleged construction deficiencies and defects.

  • Nexen Energy ULC arising from their Long Lake Pipeline spill, which occurred in 2015. A claim for breach of contract and negligence has been brought against engineering and construction companies in relation to the design of the pipeline. Claims are in excess of C$200-million.

Awards & Recognition

Members of our Construction group are recognized as leaders in their fields by the following publications:

  • Chambers Canada: Canada’s Leading Lawyers for Business

  • Chambers Global: The World’s Leading Lawyers for Business

  • The Best Lawyers in Canada

  • The Canadian Legal Lexpert Directory 

  • The Legal 500 Canada 

  • The Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada

  • The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada

  • Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms and Attorneys

  • Who’s Who Legal: Canada

  • Legal Media Group’s Expert Guides

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