Construction Contracts and Procurement

Navigating the Procurement Process: Trusted Legal Guidance for Canadian Clients

Miller Thomson’s Construction Contracts & Procurement Group offers comprehensive legal guidance and assistance throughout the construction procurement and contracting process to clients across Canada.

Whether you’re a government entity, a broader public sector organization, or a private sector corporation, our team is equipped to support you at every stage of the procurement process, from planning to contract execution. 

Understanding the Complexities of Procurement 

Since the landmark Ron Engineering decision in 1981, the procurement process has become increasingly complex, particularly in the construction sector. Our experienced lawyers are well-versed in navigating the complexities of the current case law and legislative requirements to mitigate the risks associated with procurements. 

How We Can Help 

Our Construction Contract Procurement Group provides a range of services to ensure a smooth and legally compliant procurement process: 

  • Strategic Planning and Structuring: 
    • Advice on procurement structuring, including RFEIs, RFSQs, RFQs, RFTs, RFPs, and alternative delivery models 
    • Assistance with strategic planning to address unique aspects of the project and procurement process 
  • Compliance and Risk Management: 
    • Ensuring compliance with procurement legislation, directives, policies, and trade agreements 
    • Managing bid disputes and dispute resolution processes associated with the procurement process 
  • Contract Drafting and Negotiation: 
    • Drafting contracts to be executed by the successful bidder in a procurement process 
    • Developing or negotiating supplementary conditions for standard forms of contract (CCDC, CCA, OAA, RIAC, etc.) to accommodate client and project requirements 
    • Creating custom contracts tailored to client specific and project specific needs 
    • Providing advice on contractual risk allocations 

Tailored Procurement Solutions 

The decision to use a particular procurement model should be based on the specific needs and requirements of the client and the project. Our team has the expertise to create custom procurement documents that best serve our clients’ needs. Whether you’re securing professional or trade services, purchasing products and materials, or undertaking any other competitive purchasing process, we have the tools to help you navigate the procurement process effectively. 

Reducing Risk, Maximizing Success 

When mistakes occur during a procurement process the consequences can be significant for both owners and bidders. By engaging our lawyers from the early stages of the procurement process, you can ensure that project or procedural risks are managed effectively and are addressed promptly. Our goal is to help our clients reduce exposure and maximize success in every procurement endeavor. 

Partner with Us

Miller Thomson’s Construction Contracts & Procurement Group is committed to providing legal guidance and support to clients across Canada, ensuring a smooth and legally compliant procurement process from start to finish.

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