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
Adjudicator discretion under the Construction Act. Ontario Court recently confirmed a limit on this discretion in Ledore Investments v. Dixin Construction
The Quebec Court of Appeal quashed, on environmental grounds, a municipal resolution on a minor exemption
As a follow up to our first webinar back in December 2023 where we considered the history, details and legal implications of the Supreme Court of Canada’s decision in
The Government of BC is seeking to amend the Land Act to provide decision making power over Crown land to Indigenous groups.
Plan for the Ban: Canada’s Draft Notice for Federal Plastics Registry Provides Additional Insights on Reporting Requirements
This bulletin discusses who and what will be required to be reported under the Federal Plastics Registry based on the Notice of Intent.
Provincial Government Telling Developers to “Use It or Lose It” in Respect of Certain Ministerial Zoning Orders, and Consulting on New MZO Approvals Process
Province recently announced that it will be critically considering projects with lands subject to MZOs to ensure that substantial progress is being made.
The Government of Canada is moving forward with a prompt payment and adjudication regime applicable to federal government projects.
This bulletin summarizes a recent decision ordering the cessation of activities causing a noise-related nuisance
Following a brief overview of the case and the SCC’s split decision, this discussion will focus on the implications of the decision to the roles and responsibilities of each project party, including the owner, contractor and design consultant (architect and engineer). The discussion will be interactive and will include an extensive Q&A period.
Canada-Taiwan FIPA Latest Milestone in Canada’s Indo-Pacific Strategy.
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