Overview
The last decade has seen a substantial expansion of major project development in Western Canada and the North, with significant changes in the structure and allocation of risk among the participants in those projects.
Lawson Lundell’s Construction, Infrastructure & Engineering Group has extensive experience in all aspects of project development, construction and engineering. We have prepared, reviewed and negotiated documentation for public infrastructure, oil and gas, co-generation, hydro-electric, mining and forestry projects located through Western Canada and the North, as well as internationally in South America and South East Asia. In many of these projects, our lawyers have worked closely with project engineers in the preparation of tender packages and have settled joint venture, consulting, financing, insurance and bonding arrangements for the participants.
We have acted for private consortia, prime contractors, subcontractors, suppliers, third party lenders and governmental entities in various infrastructure projects. We understand the critical issues surrounding the balancing of risk between the public and private sector entities, and are familiar with the broad range of other issues affecting infrastructure projects. Our experience ranges from the commencement of the procurement process through contract award, financial close and project construction. We have also been involved in the purchase and sale of project entities.
As many of these assignments have extended over a number of years, members of the group have been engaged on an ongoing basis to provide advice on a variety of construction-related issues, including claims. Members of the group have been involved in complex RFP and similar procurement processes for public infrastructure projects, including public-private partnerships.
The Group also includes dispute resolution lawyers experienced in a wide variety of construction matters that have been resolved by negotiation, mediation, arbitration or litigation. These have involved complex claims disputes as well as the more common issues arising from the tendering and procurement process, change orders and claims for extras, changed conditions, liens, bonds, inadequate design or specifications and other related matters. Our litigation lawyers have appeared before all levels of courts and various alternative dispute resolution forums.
The Group’s activities include:
Procurement Processes
We have assisted in all manner of procurement processes, in both the public and private sectors, from simple requests for quotations and qualifications to complex RFPs and tender packages.
Contracting
We have prepared and negotiated various contracts within the overall project development process, from teaming and joint venture agreements to standard engineering, consulting, supply and construction agreements to complex EPC and EPCM documents for major projects. We are familiar with the standard CCDC and CCA documents generally used in Canada as well as the FIDIC documents used internationally. We also have experience preparing standard template agreements customized for ongoing use by owners, engineers, contractors, subcontractors and suppliers.
Litigation
We have assisted owners, contractors and sub-contractors involved in various complex construction disputes including delay claims and cases involving manufacturers of asbestos-containing construction products such as the landmark Privest Properties action which was the first asbestos property damage case to be litigated in Canada and now a leading products liability authority. We have also acted for various parties involved in numerous leaky condominium and leaky school actions, for both owners and contractors involved in various tendering disputes and for owners, contractors and material suppliers in enforcing and/or defending builders lien claims.
Key Contacts
- t 604.631.9227
- t 604.631.9280