Construction & Infrastructure
Construction is a highly complex, heavily regulated industry with myriad stakeholders involved in every project — including landowners, financial institutions, builders, developers engineers, construction companies and suppliers. All parties want a project to be completed on-time and within budget but with so many moving parts the potential for cost and schedule overruns is ever-present. Our lawyers understand this process and how best to move through it to achieve our clients’ objectives.
McMillan’s blend of industry-specific knowledge and unmatched litigation skills make our construction law practice one of the largest and most highly regarded and recognized construction law teams in Canada. Our construction lawyers understand the entire construction process from the RFP and tender process through completion and turnover and are deeply experienced in project financing, performance bonding, insurance and related issues. We represent our clients through arbitration processes, adjudication, mediation, and litigation at all levels of court. We are a leader in the resolution of P3 and other large-scale construction and infrastructure disputes, employing state-of-the-art technology and innovative business solutions to manage complex arbitrations and litigation on expedited schedules.
We specialize in drafting tenders and contracts, advising on security enforcement, counselling on zoning, variances and assessments and advising on risk allocation and management. We also advise on facilities management contracts and risk allocation in the Canadian Construction Documents Committee (CCDC) standard form contracts. When there is a breach of construction contract or laws that govern construction, we represent clients in litigation and arbitration proceedings related to defects, liens, delays, warranties and other construction claims.
Effective and efficient infrastructure is essential to maintaining our standard of living and economic growth, but government funding restraints and increased urbanization is pushing existing infrastructure to its limits.
Public and private sectors are joining forces through arrangements such as public private partnerships (P3s) to facilitate infrastructure growth. These financing schemes enable governments and quasi-governmental organizations to deliver on infrastructure projects while sharing the risk and responsibility. However, the financial arrangement propping up P3s are extremely complex, necessitating the counsel of an infrastructure law firm to create the partnership structures and risk-sharing agreements that allow each party to achieve their respective goals.
McMillan’s team is comprised of lawyers specializing in infrastructure law and how it governs civil infrastructure construction. With experience in the structuring and execution of major infrastructure projects, we provide a complete range of services including assistance with procurement, construction, financing, environmental review, community consultation, tax and regulatory issues.
Insights (10 Posts)View More
This article explains the process and implications of heritage classification, and discusses the recent classification of Chinatown’s core.
We identify best practices that contractors and others providing construction services should adopt to avoid missing lien periods in Ontario.
The evidentiary value of an adjudicator’s decision Under Ontario’s Construction Act is reviewed.
Arbitrator’s “Mind of His Own” Results in Procedural Unfairness: Mattamy (Downsview) Limited v. KSV Restructuring Inc. (Urbancorp)
Ontario Superior Court of Justice holds that arbitrator's decision to exclude evidence and ignore parties' agreement amounted to procedural unfairness.
This bulletin discusses the Government of Canada's recently-announced strategy to phase-out "inefficient" fossil fuel subsidies.
Contractors Working Directly for Homeowners – The Consumer Protection Act May Limit Your Ability to Charge More than your Estimate
In The Fifth Wall Corp. v. Tonelli, the ONSC finds that the Ontario Consumer Protection Act applied applies to a residential construction contract.
This bulletin discusses recent criminal charges brought under Alberta's emissions reporting and reduction legislation.
New Home Builders Beware: Tarion Implements New Temporary Relocation Warranty Program up to $15K per Home
Tarion’s new Temporary Relocation Warranty Program requires builders to compensate new homeowners displaced due to warranted defects.
This bulletin discusses the push for the inclusion of Indigenous considerations in ESG practices which could lead to the addition of "I" (ESGI).
The EU's new Carbon Border Adjustment Mechanism will take effect on October 1, 2023. McMillan explores the CBAM and its implications for Canadian trade.
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