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Construction Litigation


Our litigation lawyers have a thorough knowledge of Canadian construction practices and processes. Many of our lawyers have engineering and mining experience, which gives them an understanding and ability that goes beyond the law.
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Overview

Disputes can have detrimental impacts on a project and ultimately, your business. Successfully managing, mitigating and resolving construction disputes requires a high degree of legal specialization. Our Construction Litigation group understands how important timely, effective resolution is for disputes that occur on projects.

When disputes arise on projects, our lawyers work proactively with project teams, management, experts and insurers to resolve them in a strategic and cost effective manner, whether through referee processes, negotiation, or mediation. In cases where disputes can only be resolved through arbitration or litigation, our group has the depth, knowledge and experience to vigorously represent your interests in any kind of construction dispute. Our team has extensive hands-on experience in all types of construction claims.

We represent owners, contractors, design professionals and insurers in a broad range of construction related disputes. Clients rely on us to provide leading legal expertise to advance their interests on some of the most complex construction projects in Canada and throughout the world.

Members of our Construction Law Team have been certified by the Law Society of Upper Canada as Construction Law Specialists.

Achievements

  • Recognizes 11 Lawyers for Expertise in Construction Law, The Best Lawyers in Canada, 12/31/2024
  • Ranked nationwide in Construction , The Legal 500 Canada, 12/31/2024
  • Named in Benchmark Litigation Canada 2019, Benchmark Litigation Canada, 12/31/2019

Team

Primary Contacts
  • Eric Simard, Partner | CO-LEADER, LITIGATION AND DISPUTE RESOLUTION, Montréal, QC, +1 514 397 5147, esimard@fasken.com
  • Alex Kotkas, Partner, Calgary, AB, +1 403 261 5358, akotkas@fasken.com
  • Karen Wyke, Partner, Calgary, AB, +1 403 261 5357, kwyke@fasken.com
  • Nic Roodt, Counsel, Johannesburg, +27 11 586 6020, nroodt@fasken.com
  • Tania Siciliano, Partner, Johannesburg, +27 11 586 6028, tsiciliano@fasken.com
  • Annie Bernard, Partner, Montréal, QC, +1 514 397 5175, abernard@fasken.com
  • Kateri-Anne Grenier, Partner | CO-LEADER, PRIVACY & CYBERSECURITY, Québec, QC, +1 418 640 2040, kgrenier@fasken.com
  • Nora Kharouba, Partner, Toronto, ON, +1 416 865 5163, nkharouba@fasken.com
  • David Curtis, Partner, Vancouver, BC, +1 604 631 4827, dcurtis@fasken.com
  • Brook Greenberg, KC, Partner, Vancouver, BC, +1 604 631 3167, bgreenberg@fasken.com
  • Michael Parrish, Partner, Vancouver, BC, +1 604 631 4863, mparrish@fasken.com

Client Work

  • WSP Global completes a $920 million equity offering, [Deal - CIBC World Markets Inc], Bought deal offering in the strategic advisory, engineering and design services industry.
  • Mount Polley Mining Corporation and Imperial Metals entirely successful in defending claims made against them and in their counterclaims brought against a contractor, [Case - Imperial Metals Corporation and Mount Polley Mining Corporation], We represented Mount Polley Mining Corporation and Imperial Metals Corporation in an arbitration regarding claims by and against a dredging contractor engaged to remove tailings which had been stored in mine pit while the tailings storage facility was rebuilt.
  • Site C Litigation, [Case - BC Hydro and Power Authority], Advised BC Hydro & Power Authority on a number of challenges to Site C project approvals.
  • Blockades on Canadian Pacific Railway Company’s Railways Across Canada, [Case - Canadian Pacific Railway Company]
  • Defense of a $14M USD claim brought against a major contractor by a material supplier, [Case - Major International Contractor], $14M USD claim brought by the material supplier
  • Settlement of a claim for reimbursement of instalments paid for the purchase of a penthouse-style unit, [Case - Confidential], This claim was strongly contested.
  • Representation of Reliance Construction of Canada Ltd. in a claim for damages following the termination of a construction contract, [Case - Reliance Construction of Canada Ltd.], Reliance requests that Akelius be ordered to pay it more than $2.4 million for the damages it sustained as a result of Akelius’s breach of contract.
  • Representation of a landlord against unpaid contractor claims resulting from work requested by a tenant, [Deal - Confidential], Several claims have been made by contractors and subcontractors who performed work at the request of a tenant to adapt the premises to the tenant’s specific needs.
  • Change order dispute with respect to the Seymour-Capilano twin tunnel project, [Case - Seymour-Capilano Partnership]

Knowledge

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