Our Construction, Engineering, Surety and Fidelity Group

Whether you're building, developing, financing or managing a construction project, you need a dedicated team to ensure that you have the legal strategies to put you ahead of the game. At Borden Ladner Gervais LLP (BLG), our Construction, Engineering, Surety and Fidelity Group is comprised of leading practitioners, litigators, solicitors and engineers with the knowledge and dedication to help you achieve the best possible results in construction-related matters.

Having been involved in all aspects of the construction process from the planning and development stage to the conclusion – including extensive involvement with the resolution of construction disputes – BLG offers a complete project lifecycle service.

Like you, BLG believes that nothing less than excellence will do. This commitment to service has resulted in the frequent recognition of many of our legal professionals at home and abroad. Our Firm has the most lawyers recognized for construction in Canada in the 2013 Who's Who Legal – The International Who's Who of Business Lawyers. The 2012 edition of The Best Lawyers in Canada® ranks the Firm number one in Canada in Construction Law with 15 lawyers listed and the Firm is recognized by PLC Which lawyer? as a Leading firm in Construction. In addition, The 2012 Lexpert® /American Lawyer Guide to the Leading 500 Lawyers in Canada recognizes more BLG professionals as “Most Frequently Recommended” for Construction Law than any other Canadian law firm. The Construction Group also includes lawyers certified by the Law Society of Upper Canada as Specialists in Construction Law. We are also proud to have more lawyers who are fellows of the Canadian College of Construction Lawyers than any other Canadian firm and, in 2010, one of our professionals was inducted into the American College of Construction Lawyers – an elite membership of top US construction lawyers.

With a practice that matches the diverse needs of our clients, BLG's Construction Group is committed to staying focused on your success in this high-stakes industry.

Our Services

BLG represents an array of regional, national and multinational companies in the construction industry. Our clients are public and private project owners, engineers, architects, their insurers, general and specialized contractors, manufacturers, material suppliers, developers, property managers, surety bonding companies and financial institutions.

Our strength resides in a sound knowledge of all facets of the industry and in our ability to fully analyze the issues submitted to us. Our highly specialized Group provides the prompt legal advice required on a day-to-day basis by our clients.

Services that we provide to our clients include providing strategic advice on project development and delivery issues, negotiating and drafting contracts, as well as exercising and defending clients' rights with vigor through the court system and commercial arbitration. We also encourage mediation and other methods of alternative dispute resolution, which we consider essential to the timely and cost-effective settlement of disputes.

Our dispute resolution methods often result in the preservation of the commercial relationship between the parties. We also believe in the prevention of disputes as one of the key elements to our clients' success, and we therefore develop programs to assist our clients in identifying and managing risks.

Other services include providing advice and representation to the construction industry on licensing and regulatory matters, project financing, project insurance, environmental issues, product liability and construction materials claims, labour relations (including occupational health and safety issues) and consultant's error and omission issues.

Construction

For our clients, we advise with respect to all aspects of construction projects, including, drafting and negotiating all forms of construction agreements and contracts such as turnkey agreements, EPC agreements, EPCM agreements, standard construction contracts, major equipment purchase agreements, architectural and engineering service agreements, joint venture agreements, subcontracts, financing agreements, project management and construction management agreements, drafting and negotiating all forms of procurement documents such as RFQs, RFPs and tenders, providing procurement/tendering advice, public private partnership and other infrastructure and mega project advice, advising and providing representation with respect to types of construction disputes, alternative dispute resolution, as well as construction risk management, OHSA risk management, lien claims involving negotiation, liens, litigation and arbitration, construction insurance, CGL and other liability insurance policies, property insurance, builder's risk insurance, business interruption insurance, mould and other environmental claims, surety bonds, and product liability in respect of construction materials and equipment.

Our Group has unparalleled depth in all aspects of construction, including:

• Drafting RFQs, RFPs, and other procurement documents
• Drafting all forms of construction contracts and agreements
• Contract negotiations
• Infrastructure and megaproject advice
• Public private partnerships
• Alliance financing
• Construction insurance, including professional liability coverage
• Procurement/tender disputes
• Delay and loss of productivity claims
• Lien claims
• Product liability and construction materials related claims
• Engineering and geotech claims
• Professional negligence claims
• Condominium disputes
• Environmental issues
• Highway maintenance
• Insurance coverage and defence
• Leaking buildings
• Issues arising during construction
• Fidelity and fraud litigation
• Recovery of assets
• Construction insolvency

Engineering

For our clients, we advise with respect to all areas of engineering law, including, drafting and/or negotiating engineering services agreements, professional liability, claims arising from environmental damage and construction related disputes, engineering risk management, drafting, negotiating and advising on related contracts, duty to warn issues, and professional errors and omissions insurance policies. Our team includes engineers with both legal and practical engineering experience.

Surety

For our clients, we advise with respect to all aspects of surety bonding law, including, surety bond claims, project risk management, negotiations, claims administration, and litigation. We have extensive expertise with respect to all surety bonds, including Performance Bonds, Labour and Material Payment Bonds, Bid Bonds, and Miscellaneous Bonds. We are an active member of the Surety Association of Canada, and several of our team members sit on the provincial executive councils of the Surety Association.

Fidelity

Our Group has extensive expertise in representing clients in fidelity and fraud matters. We represent underwriters and owners in respect of fidelity bond claims involving fraud and breach of trust. We have experience in fidelity and fraud litigation, including, credit card and cheque fraud, international investment fraud, fidelity claims, civil fraud and conspiracy, bankruptcy fraud, misappropriation and kickback schemes, employee fraud and fidelity claims, and more. Also, our Group has specialized expertise in recovery issues related to fidelity and fraud claims, including, Mareva injunctions, tracing orders, setting aside fraudulent conveyances, restitution orders, disclosure orders, and proceeds of crime legislation, and work with private investigators to locate, freeze and seize assets to assist our clients in securing and recovering assets. We provide legal opinions to leading insurers and surety bonding companies on coverage and risk management issues in fidelity and insurance fraud cases.

Our Experience

Members of our Group have pleaded before all levels of court including the Supreme Court of Canada. We have authored leading texts, articles and presentations in the field of construction and surety law, and speak regularly at leading conferences in the construction industry.

BLG's Construction Group is also represented on several construction and surety related associations and organizations including the Canadian Bar Association, the American Bar Association, various provincial bar associations, the Canadian College of Construction Lawyers, the American College of Construction Lawyers, the Surety Association of Canada, and many national, provincial and local construction associations.

Our highly experienced team advises on local, national and international issues. Recent significant matters include:

• Airport Connector Bridge
• Algoma DSPC Project
• Alouette Aluminium Smelter (Sept-Îles, Québec)
• Bayside Repowering Project
• BC Hydro Straight Crossing
• Bruce Power Nuclear Facility
• CN Sarnia Tunnel
• Cogeneration Plant (St.-Féicien, Québec)
• Fredericton to Moncton Highway
• Gas Pipe Line between Lachenaie and East Hereford, Québec
• GM Place
• Highway 407 West
• INCO S02 Abatement Project
• John Hart Bridge
• Kelowna Vernon Hospital Project
• Lion's Gate Bridge
• McGill University Hospital Centre (Montréal, Québec)
• Montfort Hospital
• Montreal Urban Community Underground Tunneling Project
• Ontario Place
• Ottawa LRT
• Ottawa Palladium (now the Corel Centre)
• Pacific Coast and Neptune
• Sinclair Centre
• SkyDome (now the Rogers Centre)
• Skytrain Millennium Line
• UBC Thunderbird Student Housing
• William Osler Health Centre