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The Aird & Berlis Construction Group represents clients on the full range of construction-related activities, from tendering, bidding, contract creation and defining relationships with consultants, to providing day-to-day legal resources during design and construction, to litigation and alternative dispute resolution. Construction and development agreements are the core of any project. Our focus is on assisting clients in cost and risk management through the negotiation of contractual relationships. Our mandates include construction projects of all manner of industries, including transportation, infrastructure, health, entertainment, manufacturing, residential and commercial real estate, energy, natural resources, education and non-profit housing.
Aird & Berlis has extensive experience with conventional and alternative financing projects, as well as a broad range of experience with engineering, architect, procurement and construction contracts. We frequently advise clients on issues relating to sustainable design and construction, as well as LEED issues. We also have extensive experience advising clients on insurance requirements, surety and bonds.
If issues arise with a construction contract or any other aspect of a project, we act quickly to minimize the loss of time and money. Our extensive experience and reputation in the field facilitate the resolution of issues without sacrificing the ongoing relationships between the parties. Whether related to constructions liens, delays or design issues, we act for our clients in the court system as well as through alternative dispute resolution, such as mediation and commercial arbitration.
We have extensive expertise in construction liens, and served on the Attorney General’s Advisory Committee on the creation of the Construction Act. We ensure that any liens registered on properties and lien actions are handled in a time-efficient, cost-effective manner. We also have experience with adjudications and the prompt payment processes established under the Construction Act.
Our multi-disciplinary team of experts practise in the areas of real estate, litigation, infrastructure, and municipal and land use planning.
Who We Help
Our clients include real estate developers, project owners, construction companies and professionals, such as architects and engineers. We also act for financial services clients with respect to lien and trust issues in the insolvency context; commercial leasing clients with construction and lien issues that may arise with tenant work, landlord work or refinancing; and municipal clients in disputes with contractors and/or consultants for delay claims or breach of contract.
We have advised on construction issues related to such notable projects as Pearson Airport Terminal 3, the L Tower, 1 King West and Commerce Court West.
Our other representative work includes:
- Advising Concord Adex Investments Ltd. in connection with the consulting, general constructing and construction management agreements related to its condominium projects in Toronto.
- Regularly defending design professionals in response to professional liability claims in respect of various types of construction projects, including hospitals, educational institutions, banks, condominium projects, non-profit housing projects, and other residential and commercial construction projects.
- Representing a large regional Ontario hospital in an arbitration with a general contractor, claiming damages for COVID-related delay.
- Advising a large Ontario municipality with respect to the negotiation of a consulting contract for the construction of new municipal offices.
- Advising Allied Properties REIT in connection with design and construction contracts for several projects in Toronto.
- Advising a global fleet management services company in connection with construction contracts for the expansion of its rail car maintenance facilities in southwestern Ontario.
- Advising a large Ontario developer in connection with the development of standard forms of construction consulting agreements.
- Advising Integrated Grain Processors Inc. regarding an EPC contract for an ethanol production facility.
- Advising a multinational courier service provider with respect to construction contracts for a large distribution centre.
- Regularly advising local distribution companies regarding EPC and installation contracts for renewable energy projects.
Firm NewsAird & Berlis is proud to announce that 91 members of the firm were selected by their peers for inclusion in the 2024 edition of The Best Lawyers in Canada. The firm is recognized across 44 practice ...
ArticleArbitration clauses should be reviewed and negotiated by both parties prior to entering a construction contract, as such clauses will impact how disputes arising between the parties may be resolved.
Firm NewsAird & Berlis is pleased to announce that Meaghan Barrett, Jacob Brown, Holly Cunliffe, Alex Kagan, Amy Marcen-Gaudaur, Dasha Peregoudova, Stefan Radovanovich, Russell Sanders and Leah Silber have bec...
Firm NewsAird & Berlis is proud to announce that 88 members of the firm were selected by their peers for inclusion in the 2023 edition of The Best Lawyers in Canada. The firm is recognized across 43 practice ...
ArticleOn January 20, 2022, the Supreme Court of Canada denied leave to appeal from the dismissal of a proposed class action seeking $40 million in damages over a cancelled condominium development.
Firm NewsAird & Berlis is proud to announce that 84 members of the firm were selected by their peers for inclusion in the 2022 edition of The Best Lawyers in Canada. The firm is recognized across 43 practice ...
Court of Appeal Upholds Dismissal of Condominium Class Action Based on a Limitation of Liability ClauseThis is an update to our July 3, 2020 bulletin summarizing Justice Perell’s decision in Ritchie et al. v. Castlepoint Greybrook Sterling Inc., 2020 ONSC 3840.
Firm NewsAird & Berlis partners Ron Clark, John Mascarin, Bernie McGarva, Heidi Visser and Douglas Younger are among the leading lawyers named in the Lexpert Special Edition: Infrastructure 2020.
ArticleAs Ontarians emerge from the stricter quarantine phases of the COVID-19 pandemic, businesses and industries are taking stock of the new realities and their impacts on business practices and plans. Whi...
Ontario’s Suspension of Limitation Periods and Procedural Deadlines No Longer Applies to the Construction Act Effective April 16, 2020As of April 16, 2020, Ontario’s temporary suspension of all limitation periods and procedural deadlines, made pursuant to the Order in Council made under s. 7.1 of the Emergency Management and Civil P...
ArticleAs the recent COVID-19 pandemic continues to wreak havoc on many aspects of businesses across sectors, including for those in the construction industry such as owners, developers, builders, contractor...
Firm NewsWe are pleased to announce that Paul Jachymek has joined the firm as a partner in the Infrastructure, Procurement, Construction and Corporate/Commercial Law Groups.