- Successfully represented Owner at arbitration in defeating 20 cost overrun and delay claims forwarded by international engineering contractor totaling over $300 million in respect of the construction of two biomass energy plants. Claimed and awarded all liquidated damages sought in the amount of $37M and more than $7M in legal fees. Case involved almost 100,000 documents produced, 47 witness statements, 11 expert reports, cross-examinations conducted using simultaneous language translation, and over 1,000 pages of opening and closing statements.
- Successfully represented international contractor and original equipment manufacturer at arbitration against the Provincial Authority in respect of the construction and commissioning of a major hydro-electric power generating plant in Canada. The dispute involved the interpretation of the parties’ agreement regarding the method of valuation of changes to our client’s work. The arbitrator ruled in our favour, resulting in more than $70M to our client on account of future changes to the work.
- Resolved at mediation a contractor-client’s claim for unpaid contract amounts and changes, and owner’s claim for delay and deficiencies in the total amount of $36M in respect of two high rise condominium buildings in Toronto. Successfully negotiated approximately 87% recovery of client-contractor’s claim and 100% defence of owner’s delay and deficiency claims.
- Resolved at mediation an engineering-consultant’s claim for $3M in additional fees in connection with the construction of a large LEED Silver certified transit garage for conventional and electric buses.
- Successfully resolved owner-client’s claim against operation and maintenance contractor in respect of over $1 million in production shortfall payments arising out of the operation of a number of solar energy projects.
- Successfully resolved engineering firm-client’s claim against a foreign public authority in respect of the construction of a waste water treatment plant in Africa.
- Successfully defended purchaser’s application for extension of closing date on behalf of developer-client, requiring purchaser to close on date specified by developer-client. Also obtained order for substantial indemnity costs against purchaser.
- Successfully enforced letters rogatory from a US Court, requiring a witness residing in Canada to provide documents and deposition testimony in a US proceeding.
- Obtained numerous contempt orders against director of judgment debtor who refused to attend judgment debtor examinations, and obtained order for substantial indemnity costs against judgment debtor companies and director found in contempt.
Jeremy RankinPartner, Litigation & Dispute Resolution
Toronto 647.943.8059 firstname.lastname@example.org
Expertise Commercial Real Estate Construction & Infrastructure Corporate Commercial Litigation Litigation & Dispute Resolution