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Ian J. Houston

Téléphone 416.367.6111 
Télécopieur 416.361.2742 

Courriel ijhouston@blg.com 
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Background

Ian Houston is the Regional Practice Group Leader for the Toronto office of the Construction, Engineering, Surety and Fidelity Group; in addition he is a member of the Public-Private Infrastructure Projects Group and the International Construction Projects Group of Borden Ladner Gervais LLP. He graduated from Queen's University in 1988 with his Bachelor of Laws degree and was admitted to the Ontario Bar in 1990.

Areas of Practice

  • Ian has specialized in the area of construction, surety law and procurement from the beginning of his career, and devotes his entire practice to those areas.
  • Ian's practice ranges from providing commercial law advice on contractual and procurement issues to assisting clients in resolving disputes through litigation or alternative dispute resolution methods.

Rankings and Recognitions

  • Selected by peers for inclusion in The Best Lawyers in Canada 2012 (Construction Law).

Professional Experience

  • Ian's experience includes:
    • Representing developers, owners, contractors, engineering firms and others in respect of all forms of renewable and non-renewable energy projects including, without limitation, natural gas, CHP, hydro, wind, solar, landfill gas, coal, energy from waste, nuclear, oil and orimulsion regarding commercial, construction and procurement law issues.
    • Providing general commercial and procurement law advice, including drafting RFPs, RFQs, RFEOIs and other forms of tender documents.
    • Representing public bodies such as hospitals and educational institutions in respect of major construction and infrastructure projects, including providing advice in respect of construction agreements, OHSA issues, claims avoidance, and resolution of construction claims.
    • Representing owners and design-builders in respect of public-private partnerships ('P3') and Alternate Finance and Procurement ('AFP') projects across Canada.
    • Negotiating, drafting and reviewing of various forms of commercial agreements such as construction contracts, project agreements, P3 agreements, architectural services agreements, engineering agreements, lending agreements and operation and maintenance agreements.
    • Representing hospitals and other health care institutions in negotiations with Infrastructure Ontario, the Ministry of Health and Long Term Care and the Ministry of Public Infrastructure Renewal regarding project delivery, procurement issues, obtaining approvals, risk sharing, funding, project documentation and a range of other issues.
    • Providing advice to owners and other parties in relation to procurement and tendering law issues.
    • Representing owners, contractors, subcontractors and engineers in relation to prosecuting or defending a wide variety of construction related claims.
    • Providing legal advice for banks and other lending institutions with respect to construction projects, including mortgage liability and trust liability under The Construction Lien Act.
    • Advising surety companies with respect to a wide variety of issues arising out of surety bonding, including defence of surety bond claims, negotiating and drafting commercial agreements such as completion agreements, mitigation agreements and forbearance agreements, providing opinions regarding coverage issues, and participating in alternate dispute resolution.

Recent Nuclear Experience

  • Representing a large, international engineering firm in respect of its participation as lead proponent in the procurement process for the Infrastructure Ontario Nuclear Procurement Project.
  • Representing a large international engineering firm in respect of the prosecution and resolution of multiple complex commercial disputes arising out of the Bruce A Restart Project.
  • Advising a major international supplier of power generation products and services in respect of the negotiation of an EPC Contract at Point Lepreau Generating Facility.
  • Advising a major international supplier in respect of the negotiation of turbine supply and installation agreements for the Bruce A Restart Project.

Recent and Upcoming Publications

  • Construct Consultant Contracts Carefully (Co-authored with Richard Shaban for The Lawyers Weekly, April 27, 2012)
  • Performance Security (Chapter to be included in Deskbook to be published by the Canadian College of Construction Lawyers)
  • An Overview of Procurement Law in Canada (Co-authored with G. Stobo and M. R. Alter for Chambers and Partners, London)
  • Use of Subcontractor Default Insurance During the Global Financial Crisis – A Practitioner's Perspective (Published in the Journal of the Canadian College of Construction Lawyers, 2011)
  • Securing Payment and Performance on International Projects (I nternational Construction Law, American Bar Association, 2009). Also published in the Journal of the Canadian College of Construction Lawyers (co-authored with M. R. Alter)
  • Delivery of Transportation Infrastructure During the Credit Crunch (Summit Magazine, June 2009)
  • Assessing Performance of Canada's Transportation Sector: A Digest (BLG Public-Private Infrastructure Projects Group Bulletin, co-authored with Morton G. Gross)
  • Understanding Public-Private Partnerships – The Development of Transportation Infrastructure Through Public-Private Partnerships (Construct Canada, September 2008, co-authored with R. H. Shaban)

Recent and Upcoming Speaking Engagements

  • Commercial & Legal Developments in Construction Conference (Infonex, January 2012)
  • Construction Management for Services and Construction Management for Services and Construction (Osgoode Certificate in Construction Law, November 2011)
  • Overview of CCDC 2, CCDC 3 and CCDC 5B (Presentation to Govan Brown, September 2011)
  • Claims Management (Presentation to SNC-Lavalin Inc., September 2011)
  • Advanced Bonding and Sureties Issues (Best Practices, Managing Risk, Emerging Trends 4th Annual Conference Construction Law, Osgoode Hall Law School, February 2011)
  • Risk Management in Public Procurement (8th Annual Canadian Institute Legal & Business Guide to Public Procurement, January 2011)
  • Surety Bonds (Osgoode Hall Law School, September 2010)
  • Tercon: Changing the Face of Tendering in Canada, and Panel Chair, Managing Tender Risks (Canadian Institute, June 2010)
  • Key Considerations in EPC and Major Equipment Supply Agreements (Lexpert/BLG Course: Developing Renewable Generation Projects, May 2010)
  • Co-Chair, Construction Law Dinner Program – Practical and Creative Approaches to Construction ADR (Ontario Bar Association, May 2010)
  • Drafting Key Provisions in Procurement Documents (Lexpert/BLG Course: Tendering and Procurement, May 2010)
  • Panel Participant (Western Canada Innovation Infrastructure Finance Forum, June 2009)
  • Infrastructure Projects (Presentation to Aecon Group Inc., March 2009)
  • Risk Management in Public Procurement (Canadian Institute 6th Annual Legal and Business Guide to Public Procurement, January 2009)
  • Developing Renewable Generation Projects (Lexpert/BLG Presentation, November 2008 with Patricia L. Morrison)
  • Insurance and Bonding (Hot Topics in Construction Law for the Commercial Solicitor, Ontario Bar Association, November 2008)
  • Workplace Safety – Managing the Risks Associated with the Role of ‘Constructor' under the Occupational Health and Safety Act (Client Presentation, November 2007)
  • The Duty of Good Faith in the Insurance Claims Process (Disaster Restoration Contractor's Conference and Trade Show, June 2007)
  • Moderator of Panel on Most Current Legal Issues (Canadian Construction Association Annual Conference, March 2007)
  • Tendering Tightropes and Performance Guarantees (Ontario Public Buyers Association, September 2005)
  • Construction Claims: CCDC 2 Stipulated Price Contract (Ontario Hospital Association, June 2005)
  • MTO/Road Builder Issues (Road Builder Coalition Presentation, March 2005 with R. B. Reynolds)

Lectures

  • Surety Bonds (Annual lecture to University of Toronto Law School)
  • Surety Bonds (Annual lecture to University of Toronto School of Architecture)
  • Surety Bonds (Lecture to Osgoode Hall Law School Real Estate LLM Program)
  • Introduction to Bonding and Introduction to Insurance (Annual lecture to George Brown College) 

Professional and Community Activities

  • Fellow, Canadian College of Construction Lawyers
  • Member, Executive Committee of the Construction Section of the Canadian Bar Association
  • Member, Executive Committee of the Construction Section of the Ontario Bar Association
  • Member, American Bar Association, Construction Law Forum
  • Member, Advocates Society
  • Member, Toronto Construction Association
  • Affiliate member, Canadian Surety Association
  • Affiliate member, Canadian Council on Public-Private Partnerships
  • Affiliate member, Canadian Nuclear Law Organization

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