Construction

Overview

Osler’s National Construction and Infrastructure Group works with Canadian, US and international clients to help ensure the success of their projects. Our dedicated team of lawyers have deep experience in large, complex projects and provide our clients with expert advice throughout the full life cycle of their construction and infrastructure projects.   

Unlike many other law firms, our Construction and Infrastructure Group comprises specialized solicitors and litigators who work together to deliver construction legal services from the front-end of a project right through to its conclusion. A number of lawyers in our Construction and Infrastructure Group are also professional engineers and offer practical experience and knowledge of the construction industry. As a result, we have gained invaluable insights into the required work, scheduling, cost, disputes, and other issues typically associated with the development and construction of a complex project.  

Our team works with a broad range of industry participants including owners, developers, contractors, sub-contractors, lenders, construction managers, architects, engineers and consortia bidding on the construction and development of commercial/industrial infrastructure. We provide advice on all types of commercial, industrial and institutional construction projects and mega projects, including energy (on-shore and off-shore wind, solar, oil sands, nuclear and LNG), infrastructure developments, public-private partnerships (P3), alternative financing and procurement, health, transportation and other projects.

With our decades of experience and breadth of exposure to a large number of projects across many industries and jurisdictions, Osler brings unmatched insight and business acumen to project structuring, risk identification and allocation, financing, contract negotiation and documentation and dispute resolution.

Clients come to Osler for construction advice for the following reasons:

  • Technical and Commercial Knowledge. A number of our lawyers hold both law and engineering degrees and have hands-on project experience.  As a result, our clients receive technical excellence and commercial law know-how on their most important matters.
  • Understanding Project Risk. We achieve the results our clients expect on their projects by understanding the risks and providing practical advice and representation within the context of the current market.
  • Litigation and Mediation Expertise. Our fully integrated construction litigators provide mediation, arbitration, litigation and other alternative dispute resolution advice on the construction process. We have intimate knowledge of the Construction Lien Act and have appeared at all levels of the courts. We understand how to quickly and effectively navigate the system to get a project back on track and achieve the results our clients want.
  • National and U.S. Expertise. Osler can tailor services to the specific needs of our clients by drawing on a full range of project development and litigation services across the firm.

Our team is active in the Canadian construction industry and are members of organizations such as the Ontario Bar Association Construction & Infrastructure Section, the Law Society of Upper Canada, the Canadian College of Construction Lawyers, the American Bar Association Forum on Construction Law, Professional Engineers Ontario, and the Canadian Council for Public-Private Partnerships. Our lawyers closely monitor the industry and regularly speak and write on issues, trends and legislative changes that may affect our clients.

Related Expertise
  • Apache Canada Ltd.

    Apache Canada Ltd. on construction and procurement matters for the proposed Kitimat LNG terminal and Pacific Trail Pipeline.

  • Atomic Energy of Canada Limited

    Atomic Energy of Canada Limited on procurement, construction and consulting contracts for the construction of various waste storage facilities and infrastructure located at Chalk River Laboratories; the Ontario Nuclear Procurement Project conducted by Infrastructure Ontario and the refurbishment and retubing work required for the restart of major nuclear generating stations including Bruce Power Nuclear Generating Station (Ontario) and Point Lepreau Generating Station (New Brunswick).

  • Pattern Energy Group LP

    Pattern Energy Group LP on the negotiations of the EPC contract and Turbine Supply Agreement for the 138 MW St. Joseph Wind Farm in Manitoba, and on construction and equipment procurement for renewable power projects in Ontario and other provinces.

  • PetroChina

    PetroChina on its development of the Dover and MacKay River oil sands projects.

  • Babylon Resource Recovery Facility

    The project developer on the 750 tpd/17 MW mass burn Babylon Resource Recovery Facility waste-to-energy project in New York including tipping contracts, as well as other project developers and lenders on other waste-to-energy projects in the United States.

  • Various developers 

    Various developers of gas-fired power projects on the EPC contract, turbine supply, other equipment supply contracts, O&M agreements and interconnection agreements, including for the York Energy Centre (393MW) peaker and the East Windsor Cogeneration Centre (92 MW) in Ontario for Veresen Inc. (formerly Pristine Power); the Thorold Cogeneration Project (236 MW) in Ontario and the North Battleford Energy Centre (260 MW) and the Spy Hill Generating Station (92 MW) in Saskatchewan.

  • Various contractors

    Various contractors, including Stone & Webster Canada LP on disputes in the construction at the Lambton and Nanticoke Power Generating Stations; M.A. Mortenson Company on the EPC contract for Enbridge’s Leader Wind Project A (100 MW) and Project B (99 MW) in Kincardine, Ontario; and Signal Energy on civil works and EPC contracts for wind farm and other renewable power projects in Nova Scotia, Alberta and Ontario. 

  • Highway 407 ETR

    Highway 407 ETR, as counsel to 407 ETR Inc. on the operation and expansion of this project, and as counsel toCanadian Highways International Corporation.

  • Toronto Transit Commission

    Toronto Transit Commission on the construction of the Sheppard Subway, $100 million in complex claims relating to the construction of the Don Mills Station, the Twin Tunnels and the Tail Track, and a precedent-setting case regarding a tendering dispute.

  • The City of Toronto

    The City of Toronto in structuring project participants and drafting design, procurement and construction agreements in the Union Station Revitalization Project.

  • Chambers Global: The World’s Leading Business Lawyers 2014 ranks Osler as one of the top firms in Canada for Construction Law - "A major national firm with a significant construction practice."
  • The Canadian Legal Lexpert Directory ranks Osler’s Construction practice as “consistently recommended” in its top tier ranking.  In addition, several of our construction lawyers are individually recognized as leading practitioners.
  • Who’s Who Legal 2014 ranks Osler as a leading firm in Construction Law and also in Public Procurement, Project Finance and Energy Law.
  • The Best Lawyers in Canada 2014 ranks five partners in Osler’s Construction Law practice as leading lawyers in Canada.
  • The Canadian Legal Lexpert Directory, 2015, Osler’s Construction Law Group (Toronto), Consistently recommended.

  • 3rd Annual CIQS Conference - Best Practices for Project Delivery Striving for Excellence , Toronto

  • [POSTPONED] Proposed Changes to the Construction Lien Act – What Does it Mean for Industry Participants? , Osler Conference Centre, Toronto

  • Ontario Bar Association: Infrastructure Development Primer II: Into the Trenches , Toronto

  • Law Society of Upper Canada’s Conference, “Commercial Mortgage Transactions 2014”