Construction

Construction is a high-risk business. Cassels can provide a buffer against that risk with its seasoned legal team, guiding clients through all phases of construction, from procurement to contract to completion.

Our Construction Law Group works closely with our Land Development and Mining Groups and has represented all stakeholders in the construction industry, including owners (both private and public), contractors, construction managers, subcontractors, suppliers, design professionals, lenders (both private and institutional) and environmental professionals.

Many of our clients are referred to us by other clients and, in this way, we have attracted both Canadian and foreign clients from every facet of the construction industry. Others retain us because they have heard of us through our extensive professional activities, including our construction industry seminars; our bar association activities; our membership in the Canadian College of Construction Lawyers; and our articles and books on construction-related topics.

Our Services

We have the specialized services to meet the legal needs of all participants in the construction industry, both domestically and internationally, before, during and after construction. Here are a few examples of the types of services we offer:

Tenders and Contracts

The lawyers in our Construction Law Group have extensive experience drafting, reviewing and negotiating a variety of procurement documents and related forms of agreement, including stipulated price, cost-plus, construction management and EPC contracts, to name but a few. In developing and negotiating contracts for a variety of industry players, we have gained an in-depth understanding of their differing perspectives. We know the risks they are prepared to assume as a matter of course and those risks to which they attach a premium.

  • Advice During Design and Construction: One of the key roles group plays is to act as a resource for clients during the design and construction of a project. We routinely deal, for example, with questions on the interpretation of contracts, lien payment and bonding issues, disputes, and questions relating to compliance with contractual requirements. The central aim is to avoid disputes or, if that cannot be done, to contain the dispute so that it does not become exacerbated beyond its proper proportions and is resolved as quickly and inexpensively as possible.
  • Litigation and Alternative Dispute Resolution: Members of our Construction Law Group have extensive experience litigating, mediating, and arbitrating construction disputes and claims. We have the depth of expertise, or “bench strength,” and resources to handle large construction claims, which invariably involve voluminous documentation.

Our Work

Our lawyers have provided construction law advice in prominent and unique transactions, cases, and projects. Recent examples include:

  • Toronto’s West Don Lands Development
  • City of Mississauga Bus Rapid Transit Project
  • Quantum-Nano Centre at the University of Waterloo
  • The Kami Iron Ore Project in Labrador
  • The Toronto Pan Am/Parapan Am Sports Centre
  • The Peterborough Regional Health Centre
  • The Cairns Family Health and Bioscience Research Complex at Brock University
  • Canadian Tire Corporation Bolton Distribution Centre
  • The Haliburton-Stanhope Municipal Airport
  • The Aurora Gold Project in Guyana
  • The Highland Creek Waste Treatment Plant
  • Kappeler Masonry Corporation receivership — representing court appointed receivers, trustees and monitors
  • The Jackman Law Building at University of Toronto
  • The Marilyn I. Walker School of Fine & Performing Arts at Brock University
  • The Ricoh Coliseum at Exhibition Place in Toronto