Construction + Engineering

We help clients plan for and manage the many issues that accompany land acquisition, development and construction.

Our clients represent every facet of the construction industry from owners, large land developers and construction companies to architects, engineers and other construction professionals. We advise construction clients on projects ranging from hydroelectric dams, oil and gas projects and pipelines to raw land developments and strata title properties. We help engineers and engineering firms structure their activities and respond to issues and claims arising out of their work. We have extensive experience with builders’ liens, tender disputes, contracts, delay and extra claims and insurance and bond claims.

We recognize that in this sector, addressing and resolving legal issues early typically leads to more efficient outcomes and we actively manage our clients’ matters with this in mind.

Construction Documentation

We negotiate, structure and draft construction documents, including standard commercial and government forms, design/build agreements, project and construction management agreements, prime, trade and material supply contracts, consultants’ agreements, bonding facilities and insurance policies.

Risk Management

As our client, we help you manage the risk inherent in any construction project, whether undertaken by you or upon property owned or managed by you. We are experienced in developing contractual options to allocate risk as well as in providing mechanisms for dispute resolution, appropriate insurance coverage and the requisite bonding. Our aim is to provide you with creative solutions to minimize risk and to educate you on how to avoid future problems.

Dispute Resolution

We help you resolve disputes by bringing significant experience and creativity to the table. While litigation is sometimes unavoidable, we focus on structuring appropriate contractual approaches to dispute resolution and helping clients resolve disputes before they reach the courts.

We deal regularly with builders’ liens disputes, contractual interpretation issues during construction, progress draws and completion issues, delay and extra claims, third party claims for business interruption or damage and insurance and bond claims handling.

Industry Involvement

Members of our Construction and Engineering Practice authored (and regularly update) the Annotated British Columbia Builders Lien Act, an important reference tool for British Columbia construction law practitioners.

In addition, we publish three chapters in the Builders Liens Practice Manual, as well as regular columns on current construction law issues in Business in Vancouver, the Journal of Commerce and Construction Business magazine.

You will also find us actively involved with industry groups such as the Vancouver Regional Construction Association and the British Columbia Construction Association.

We regularly present seminars on typical construction issues to industry associations as well as private companies and public bodies.

Representative Matters

We were counsel for a major Pacific Northwest forest company on a $100 million mill upgrade.

We were counsel for the general contractor in a $300 million hotel and residence project in Vancouver.

We negotiated design/build contracts for public health facilities.

We negotiated dismissal of 15 separate lien actions representing several million dollars in claims on behalf of the property owner in a British Columbia land development project.

We resolved a large performance and labour and materials bond claim involving a First Nations reserve-based school in another Western Canadian province.

We acted for an architect in a multi-million dollar delay claim.

We have developed sets of standardized contracts for owners, contractors, and engineering firms.