Construction

Risk management is a critical requirement throughout the life of a construction project. Every participant in the construction pyramid must assess their risks, reduce them where possible, and act promptly to enforce or defend their interests if disputes occur. They need a law firm that can work with them through the entire process from start to finish, not just when things have gone wrong.

As one of the largest construction law groups in Canada in a full-service law firm, Torkin Manes’ construction lawyers provide clients with comprehensive services throughout the lifecycle of a construction project. We understand and negotiate risk allocation when handling contracts and procurements; proactively engage in negotiation, mediation, arbitration and litigation of claims when disputes arise; and provide swift, effective advocacy to protect our clients’ interests.

We regularly act for the full spectrum of construction industry participants, including public and private sector owners, general contractors, construction managers, design/builders, counties, municipal corporations, municipalities, sureties, transportation authorities, subcontractors, suppliers, financial institutions, architects, engineers and other design professionals. We also act on behalf of public sector owners of health care facilities, community housing developments, power plants, universities, colleges, churches and community groups.

Our group has unparalleled expertise in both above ground and subsurface construction, and represent some of the largest industry leading clients in the infrastructure and property development fields.

On the commercial side, our Group’s expertise includes drafting national and Ontario-specific standard form and single-use RFPs, and bid packages and contracts drafting for various project delivery methods. These include stipulated price, cost plus, unit price, construction management, facilities management, and design-build contracts. We also regularly provide bid compliance analysis and fairness analysis, project delivery method consultation and contract negotiation assistance. We are experienced in drafting standard form Canadian Construction Documents Committee (CCDC) design-build, stipulated price and consultant contracts currently in use across Canada. We also offer clients more bespoke contract drafting options particularly suited to specific or niche areas of construction.

Our lawyers have specialized expertise in the appropriate use of, and making claims against, various forms of contract security, including letters of credit and surety bonds, such as Bid Bonds, Performance Bonds, Labour and Material Payment Bonds, Financial Security Bonds and Holdback Release Bonds.

We frequently advise on all types of financing arrangements, including structuring of loan transactions, loan and security requirements, inter-creditor arrangements, priority issues, regulatory compliance, environmental concerns, and the preparation of loan agreements, commitment letters and requisite security documentation.

When matters progress to dispute resolution, clients can count on the strong advocacy skills of our construction litigators, whose experience encompass the defence of all types of construction claims, including breach of contract, claims for lien, delays, breach of trust, performance and labour and material payment bonds, negotiating and settling disputes through ADR and arbitration, and appearing at trial and appellant levels of court.

Understanding that matters extend beyond construction law, we leverage the expertise of other areas of practice at the firm, including Corporate Finance, Labour & Employment and Commercial Real Estate, offering clients the benefit of seamless comprehensive legal services.

As a testament to our team’s capabilities, both individually and collectively, Torkin Manes is named by the Globe & Mail Report on Business as a Best Law Firm in Construction Law and our construction lawyers are recognized as leading practitioners in prominent legal directories, including The Canadian Legal Lexpert Directory, The Best Lawyers in Canada and Benchmark Litigation.