Construction

Overview

Construction is a cornerstone of economic growth, but it’s also a high-stakes environment where complexity and risk can derail progress. The Aird & Berlis Construction Group stands apart for its ability to anticipate challenges before they arise, combining deep industry knowledge with practical, business-focused solutions that keep projects on track. From landmark developments to critical public infrastructure, we deliver strategic guidance that protects relationships, mitigates risk and drives results.

Our Construction Group is made up of seasoned lawyers with expertise across infrastructure, real estate, litigation and municipal law. We’ve advised on some of Canada’s most significant public and private construction projects, including Pearson Airport Terminal 3, the L Tower, 1 King West and Commerce Court West, as well as major projects in Western Canada such as the Sea-to-Sky Highway Improvement project and the Kicking Horse Canyon Highway Improvement project, Regina Bypass project, Regina Stadium Project, Vancouver International Airport, BC Hydro Site C Dam and the City of Surrey Biofuel Facility. Our experience also spans the Buffalo Pound Water Treatment Plant and Nova Scotia’s Highway 104 Twinning. Our team includes contributors to the Attorney General’s Advisory Committee on the Construction Act. Clients trust us not just for our legal acumen, but for our responsiveness, creativity and ability to resolve “on-the-ground” issues before they threaten a project’s progress.

We advise a wide range of clients, including governments, municipalities, private developers, construction companies, architects, engineers and financial institutions. Our work spans diverse sectors such as transportation, infrastructure, healthcare, education, energy, residential and commercial real estate, manufacturing, entertainment and non-profit housing—giving us a broad perspective and the ability to tailor solutions to each project’s unique demands.

From concept to completion, the Aird & Berlis Construction Group delivers legal solutions that support successful builds. With deep sector experience and a proactive approach, we help clients manage complexity, resolve disputes and achieve their project goals—on time and on budget.

Our core services include:

• Procurement and Tendering: We advise on procurement strategies and prepare documentation for both public and private sector projects. Our guidance ensures achieving a competitive result, compliance with applicable laws and transparency throughout the tendering process.
• Construction Contracts and Consultant Agreements: We draft and negotiate clear, customized agreements that define responsibilities, manage risk and support successful project delivery. Our team ensures contracts reflect industry best practices and legal requirements, helping clients avoid disputes and maintain project momentum.
• Project Advisory and Risk Management: Our lawyers provide ongoing legal support during design and construction phases, identifying risks early and implementing solutions to prevent costly delays. We help clients manage contractual obligations, regulatory compliance and operational challenges.
• Construction Liens and Trust Claims: We have extensive expertise in Ontario’s Construction Act and trust obligations. Our team handles lien registration, enforcement and defence efficiently and cost-effectively, ensuring that property interests and payment rights are protected.
• Prompt Payment and Adjudication: We guide clients through the prompt payment regime and adjudication process introduced under the Construction Act. Our approach focuses on resolving payment disputes quickly to maintain cash flow and project progress.
• Dispute Resolution and Litigation: When conflicts arise, whether related to delays, design issues or contract breaches, we act swiftly to minimize disruption. Our group members represent clients in court and through alternative dispute resolution, including mediation and commercial arbitration, with an emphasis on preserving relationships and reducing financial exposure.
• Insurance, Surety and Bonding: We advise on insurance coverage, performance bonds and surety arrangements to safeguard against financial and operational risks. Our experience includes structuring agreements that meet project-specific requirements and regulatory standards.

Representative Matters:

• 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.
• Advised Metrolinx and Infrastructure Ontario on the $340 million extension of the Eglinton Crosstown LRT to Toronto Pearson Airport, including drafting and negotiating procurement and construction agreements and managing complex stakeholder and interface issues.
• Assisted Metrolinx with $300 million corridor expansion projects involving station upgrades, layover construction, and public realm improvements, including drafting and negotiating DBB, DB, and CCDC contracts and resolving technical and commercial issues.
• Acted for Infrastructure Ontario on the $120 million Highway 3 expansion in Essex County, including drafting and negotiating procurement and P3 documentation and advising on project delivery issues.
• Represented the City of Elliot Lake on an $80 million energy efficiency and facilities upgrade initiative, including drafting and negotiating agreements for construction and energy savings capture across multiple project phases.
• Advised the Vancouver International Airport Authority on all procurement and construction matters for the North Runway Modernization Program, including attending and advising on commercially collaborative meetings during procurement.
• Acted for a contractor in connection with compensation and delay claims arising from the construction of the Bloor GO/UP Express station in Toronto.
• Regularly advises municipalities on adjudications under Ontario’s new Dispute Adjudication for Construction Contracts regime.
• Represented multiple high-profile condominium and subdivision developers in negotiating construction contracts with project professionals, construction managers, and trades for mixed-use residential and commercial projects valued at over $200 million.
• Represented subdivision, condominium and custom home builders in negotiations with Tarion and the Home Construction Regulatory Authority.
• Acted as lead counsel to Crestpoint Real Estate Investments Ltd. on a $160 million capital lease for a purpose-built meatpacking facility in Southwestern Ontario, including land acquisition and financing, specialty trade contracts for design and construction, and a long-term lease arrangement with the operator.
• Advises a major Toronto hospital on numerous construction and operating-period disputes under a P3 Project Agreement, involving a range of alternative dispute resolution procedures.