The Heenan Blaikie Construction team takes a pragmatic and cost-effective approach to construction legal matters across Canada and internationally. Heenan Blaikie works in collaboration with its construction industry clients to achieve results – on time and on budget.
We have significant experience representing a wide range of clients, including:
- owners (public sector and private sector)
- developers
- lenders
- general and trade contractors
- material suppliers
- architects, engineers and other design professionals
- insurers
- manufacturers
Our Construction team has a thorough understanding of the construction industry, which enables us to provide the highest-quality legal advice —be it in front-end project delivery and contract drafting matters, or in dispute avoidance and resolution.
Services Overview
Heenan Blaikie’s Construction team has the required depth to provide full project and construction support, including:
- Procurement – development of procurement strategies; preparation and review of prequalification documents, requests for qualifications (RFQ), expressions of interest (EOI), requests for proposals (RFP) and similar documentation; tendering and bid disputes
- Contracts – drafting and negotiation of a wide range of construction contracts, both domestic and international, including stipulated sum, cost plus (fixed/variable percentage or fixed fee), guaranteed maximum price (GMP), unit price, target price, EPCM, design-build, PM, CM, engineering services, architectural services and interior design agreements
- Infrastructure and public-private partnerships – advice and negotiation of a suite of contracts involving large and complex P3/AFP projects, both domestic and international, including municipal infrastructure works, school and health care infrastructures, bridges, airports and roads
- Project finance – lender advice on project structuring and securitization, and negotiation of supporting documentation
- Environment – LEED green building certification, environmental permits, preliminary site assessments, brownfield development, indoor air quality, remediation of contaminated sites
- Labour and employment issues – occupational health and safety; interprovincial mobility of workers and businesses; collective agreements; vocational training; workforce management; contract termination
- International construction – both customized and FIDIC, other standard form document-based construction agreements; management of major infrastructure projects; competitive bidding provisions and requirements; risk insurance; local legislation and regulatory requirements; ethics concerns
- Dispute management – negotiation of contractual alternate dispute resolution mechanisms; appointment and management of project mediators, DRBs and similar dispute management entities
- Dispute resolution – mediation, arbitration and litigation of a wide range of construction and project disputes, including tendering disputes, contract claims, payment disputes, liens and trust claims, claims involving design professionals, bond claims and insurance claims
Our project experience includes residential (single family, townhouse, high-rise); nursing and retirement facilities; retail and office commercial; hospitality and gaming; office/warehouse; manufacturing facilities; schools; theatres (cinema and live performances); power generation (nuclear, hydro, fossil, natural gas, wind power, solar); utilities; water and waste treatment plants; infrastructure works (roads, bridges, tunnels, dams); pipelines; airports; automotive facilities; mail sorting facilities; medical research facilities; and hospitals.
Organizational Involvement
Many of our construction lawyers hold degrees and have experience in professional occupations such as engineering and architecture. We also maintain ongoing involvement in, and liaison with, numerous industry and professional organizations, including:
- Canadian Construction Association
- Canadian Construction Documents Committee
- Ontario General Contractors Association
- National Trade Contractors Coalition of Canada
- Mechanical Contractors Association of Canada
- TorontoConstruction Association
- OttawaConstruction Association
- National Association of Industrial and Office Properties (United States)
- CanadianCollegeof Construction Lawyers
- Corporation des entrepreneurs généraux du Québec
- Society of Construction Law (United Kingdom)
- Canadian Bar Association
- American Bar Association, Forum Committee on the Construction Industry