Construction Law
What We Do
Our lawyers serve real estate owners and developers, general and specialized contractors, engineering and architectural consultants as well as large material suppliers in British Columbia’s construction industry. We work with clients located along every part of the construction chain focused on larger building and capital projects including: residential condos, major commercial developments and large institutional property projects.
We understand the vertical integration of the construction industry and our experience with diverse clients within the industry means we know the points of contention and issues that exist throughout construction projects. Because of this background we are uniquely equipped to help our clients plan for the full range of legal matters that need to be addressed on large construction projects.
We employ a team approach to client service to give you the benefit of lawyers experienced dealing with the full range of legal issues connected with any major building project from buying land and buildings, to arranging financing, to negotiating construction contracts and managing the building process, through to the handling of disputes and insurance related matters.
We are adept at helping clients prepare flexible strategies and if problems do arise we can quickly evaluate and outline the most practical options available to resolve the issue at hand. As in any business situation where multiple parties must work cooperatively to succeed, litigation is not the only way to resolve a problem. Our group has members who are skilled at negotiation, mediation and litigation so that no matter what situation you face, we can give you optimum flexibility when it comes to resolving construction disputes.
As part of our approach, we take the time to get to know a client, understand their businesses and the roles they play in a construction project. We find this step provides valuable information that frequently helps us identify opportunities, effectively assess potential pitfalls, and devise appropriate contingency plans to keep them moving toward their long term goals. In short, we are focused on the business objectives of our clients and manage their legal affairs accordingly.
Legal Services
We negotiate, draft and advise on construction contracts, including CCDC standard form contracts, public/private partnership (P3) agreements and other specialized construction agreements. We act as counsel to negotiate, mediate and litigate construction disputes. We also have expertise in builder’s liens and claims arising out of them. We draw on the experience and expertise of lawyers from a variety of practice areas that are relevant to clients operating in the building and construction industries.
For Real Estate Owners & Developers
Our services include:
- Reviewing land acquisition contracts on behalf of developers;
- Assisting in applications for zoning and other municipal dealings;
- Assisting in preparing disclosure documents required by legislation;
- Assisting in preparing contracts for use in potential sales;
- Assisting in preparing and filing land title and strata documents.
For General Contracts / Specialized Contractors
We offer:
- Negotiation and drafting of construction contracts and documentation.
- Preparation and filing of builder’s liens and acting as counsel in builder’s lien issues.
- Negotiations, alternative dispute resolution and litigation services regarding construction disputes.
For Material Suppliers
We also frequently act for material suppliers on matters including:
- Drafting of credit agreements, security agreements and creditor documentation.
- Creditor remedy services, including preparing and filing of builder’s liens and acting as counsel in builder’s lien issues.
- Negotiation, alternative dispute resolution and litigation services regarding construction disputes.
For P3 Stakeholders
We have the legal expertise and experience to assist clients in the complex area of public-private partnerships (“P3”). We offer the representation, advice and negotiation strategies clients need to successfully navigate the P3 process and to implement the contractual arrangements necessary for the design, construction, financing and operating agreements associated with these innovative infrastructure and services delivery projects. Where tax, environmental, or public policy issues arise, we have the resources and connections to meet our clients needs.
We provide timely, business-oriented advice on all aspects of the P3 process and work closely with our clients from issuance of the procurement documents to financial close, to ensure their interests are met. Specifically, we assist clients with:
- the procurement process and documentation;
- bidding agreements and the most effective procurement and bidding strategies;
- project structuring including the use of special purpose vehicles (“SPV”);
- risk analysis and risk minimization strategies in lending and contractual arrangements;
- negotiations between the public authority and private sector bidders on the principal contracts;
- negotiating agreements between the SPV and principal subcontractors;
- negotiating lending and security agreements between financial institutions and the SPV for project financing; and
- project insurance issues.
For assistance please contact one of our construction law lawyers: