Construction and Engineering

Canadian construction and engineering businesses are part of a complex, rapidly evolving sector facing significant opportunities and challenges. The industry is a close barometer of the general health of the Canadian economy, supporting over a million jobs and playing a significant role in our nation’s future, and ranges from private sector investments in sustainable energy and smart building projects to public sector funding of new schools, pharmaceutical facilities, hospitals, transit and other infrastructure.

The outlook for the sector remains positive, boosted by sizeable government stimulus programs designed to attract local and international investment. Success will hinge on several factors, including stronger provincial and federal collaboration; private sector engagement on funding, capacity and expertise; partnership with entities such as the Canada Infrastructure Bank; and innovation from construction and engineering companies, including modular construction, AI and automation.  

Owners, developers, contractors and consultants in this sector face continuing pressure to manage project risks, explore new ways to collaborate, effectively administer contracts, procure and deliver projects on time and on budget and efficiently manage construction disputes that may arise, including through negotiation, adjudication, mediation, arbitration or litigation. The success of your project depends in part on the guidance of informed and experienced legal counsel.

How we can help

For decades, Canada’s top construction and engineering businesses have turned to Osler for smart, industry-focused legal advice on all aspects of their business. Osler helps clients anticipate and understand legal issues specific to the industry. Our National Construction and Infrastructure Group provides valuable insight and business acumen in the following areas:

  • project structuring
  • risk identification and allocation
  • procurement documents and bid disputes
  • construction financing
  • contract negotiation
  • contract administration, including best practices in prompt payment compliance, force majeure, duties of good faith and honesty
  • claims management, including construction insurance or bond claims
  • dispute resolution, including adjudication and other alternative dispute mechanisms

Our integrated team of legal professionals has a clear and practical understanding of all types of project delivery structures, documentation and the key commercial and legal project drivers, enabling us to deliver pragmatic and innovative solutions and provide commercially sound advice and dispute management. Clients can access our sophisticated group of construction litigators who work as a cohesive unit alongside our front-end construction team on project finance, public-private partnerships (P3) developments and more, which provides a unique level of insight into the dispute resolution process.

We closely watch rising trends and innovations reshaping the industry and the opportunities they provide. These include smart infrastructure, such as sustainable and intelligent buildings powered by AI, digital innovation and operational processes and methods, from robots and connected job sites to augmented and virtual reality during the project planning stage.

As a result, clients benefit from the very best technical excellence and commercial insight on a broad range of industrial, commercial and institutional construction projects and mega projects across key Canadian sectors.

Key Contacts

Paul Ivanoff

Partner, Disputes, Toronto

Paula Olexiuk

Partner, Energy and Construction, Calgary

Richard Wong

Partner, Commercial, Toronto, Montréal

Representative Work

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Awards and Recognition

  • Chambers Canada: Canada’s Leading Lawyers for Business: Recognized in Construction Law (Band 1)
    • " The lawyers are very skilled, and they know our business very well. They ask the right questions. I can’t think of anything that needs to be improved upon.” – Chambers Canada, Osler Client
  • The Canadian Legal Lexpert Directory: Recognized in Construction Law (Toronto, Ontario)

In the Media

  • Osler News Jun 15, 2022

    25 Osler lawyers recognized in Lexpert Special Edition: Infrastructure 2022

    Congratulations to 25 of our lawyers for their inclusion in the Lexpert Special Edition: Infrastructure 2022.

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  • Osler News Aug 16, 2021

    Crisis and creativity in construction law conflict resolution – Lexpert

    Delays caused by the COVID-19 pandemic are leading to increased conflicts in the construction industry, as legislative amendments underscore the roles...

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