Construction and Infrastructure

Overview

Miller Thomson’s National Construction Law and Infrastructure team is one of the largest and most active in Canada. Our in-depth knowledge of the construction sector combined with our diversified expertise enable us to provide you with comprehensive legal services designed to address any situation.

Serving the needs of all industry stakeholders

Whether you are a public or private sector client, a developer, an investor or a banker, a general or specialized contractor, an infrastructure manager, a subcontractor, an equipment supplier or a service provider, or a qualified professional (architect or engineer), we can provide you with valuable and personalized advice at each stage of a construction project. More specifically, we can represent you with regards to the bidding process; contract drafting, negotiation and interpretation; project management; financing; insurance underwriting and coverage; project execution; as well as any dispute or litigation. By acting as your legal advisor, we also seek to maximize your efforts and mitigate your risks.

Wide-ranging expertise

Our expertise extends to all aspects of construction law and the development of infrastructure projects. It is based on a pragmatic approach which incorporates the professional skills of our lawyers and their on-the-ground knowledge. We are well acquainted with your needs, the projects that you want to implement or in which you are determined to take an active part, as well as with the many challenges you are facing. Miller Thomson’s seasoned national team contributes to the success of your construction and infrastructure projects by providing a full range of advice which includes the following:

  • Public and private tendering which comprises the preparation of any type of document, such as expressions of interest, requests for proposals, requests for qualifications, requests for quotations and requests for information, related agreements and evaluation frameworks, as well as risk management;
  • Knowledge of the selection and contracting process of Public Services and Procurement Canada (PSPC), the Société québécoise des infrastructures (SQI), Infrastructure Ontario (IO) and any comparable provincial or territorial entity, as well as legal advice throughout that process;
  • Dispute resolution through mediation and arbitration or representation of clients in legal proceedings before the civil courts, including contract disputes, construction lien actions, professional negligence, directors’ and officers’ liability, construction delays, performance bonds, project claims and stated benefits;
  • Financing of industrial, commercial, institutional, residential and multi-residential projects;
  • Drafting and negotiation of all types of construction and professional services contracts, such as the standard contracts of the Canadian Construction Documents Committee (CCDC), the Ontario Association of Architects (OAA) and the Association of Consulting Engineering Companies Canada (ACEC), as well as customized contracts responding to specific needs, including engineering, procurement and construction contracts (EPC), and engineering, procurement, construction and management contracts (EPCM);
  • Representation of clients with respect to major projects (including public-private partnerships) which involve the design, construction, financing and management components;
  • Legal construction hypothec, including the protection of claims, the denunciation, prior notice and execution to the hypothecary recourse, as well as the substitution, contestation and cancellation of the legal hypothec;
  • Construction bonds, insurance damages claims and indemnity agreements;
  • Obtaining licence and building permits from the relevant administrative bodies and municipalities.

The added value of a multidisciplinary approach

In order to provide you with turnkey solutions, our construction law and infrastructure practitioners work closely with their colleagues from other areas of practice, such as structured finance and securitization, tax, environmental law, workplace health and safety, employment law, real estate, insurance, civil, professional and contractual liability, intellectual property, municipal law, as well as bankruptcy and insolvency.

Recognition and commitment

Our lawyers are recognized for their construction law expertise in several leading legal directories, such as Best Lawyers in Canada and The Canadian Legal Lexpert Directory. The reputation of our team also extends to the Canadian College of Construction Lawyers (CCCL), an association which includes a select group of about 70 lawyers who are recognized as Canadian leaders in this area of practice. No less than six (6) lawyers of Miller Thomson are currently Fellows of the CCCL.

Notwithstanding their active involvement in many industry associations, several members of our construction and infrastructure team have written and presented in recent years tutorials, conferences and publications on legal topics of interest for the construction industry.

COVID-19 Resources

We have written on a variety of topics to help identify the pertinent issues, understand the legal implications, minimize risk exposure and manage legal obligations.

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