Construction Law

Risk management is a critical requirement throughout the life of a construction project. Every participant in the construction pyramid must assess their risks, reduce them where possible, and act promptly to enforce or defend their interests if disputes occur. They need a law firm that can work with them through the entire process from start to finish, not just when things have gone wrong.

While most construction lawyers tend to concentrate on either front-end commercial matters or litigation, the Construction Law Group at Torkin Manes represents clients throughout the lifecycle of a construction project. We provide skilled negotiation of finances and risk allocation, contract and other document drafting, negotiation, mediation or arbitration where possible if disputes arise, and swift, effective litigation when nothing else will protect our client’s interests.

We regularly act for the full spectrum of construction industry participants, including public and private sector owners, general contractors, construction managers, design/builders, counties, municipal corporations, municipalities, sureties, transportation authorities, subcontractors, suppliers, financial institutions, architects, engineers, and other design professionals. We also regularly act for public sector owners of healthcare facilities, community housing developments, universities, colleges, churches, and community groups.

On the commercial side, our Group’s expertise includes national and Ontario-specific standard form and single-use RFP and bid package and contract drafting for various project delivery methods. These include stipulated price, cost plus, construction management, facilities management, design-build, bid compliance analysis and fairness analysis, project delivery method consultation and contract negotiation. We are experienced in drafting standard form Canadian Construction Documents Committee (CCDC) design-build stipulated price and consultant contracts currently in use across Canada.

We have specialized expertise in the appropriate use of, and making claims against, various forms of contract security, including letters of credit and surety bonds, such as Bid Bonds, Performance Bonds, Labour and Material Payment Bonds, Financial Security Bonds and Holdback Release Bonds.

We regularly advise on all types of financing arrangements, including structuring of loan transactions, loan and security requirements, inter-creditor arrangements, priority issues, regulatory compliance, environmental concerns, and the preparation of loan agreements, commitment letters and requisite security documentation.

Our construction litigation experience includes pursuing and defending all types of construction claims and defences, including breach of contract, claims for lien, delay claims, breach of trust claims, performance and labour and material payment bond claims, negotiating and settling disputes through ADR and arbitration, and appearing at trial and appellant levels of court.

Three of the lawyers in our Group have been certified by The Law Society of Upper Canada as Specialists in Construction Law and our senior lawyers are ranked in Lexpert and Martindale Hubbell for their expertise in Construction Law. When needed, we can call on other specialty areas of the firm, including Corporate Finance, Employment & Labour and Commercial Real Estate, to provide seamless legal service for our clients.

Date Title Related Lawyers Type

December 2016

Construction Law and the Engineer

Professional Engineers Ontario - East Toronto Chapter

Jonathan Goode

Presentation

March 2016

Trust Rights and Lien Rights – Two Independent Remedies: The Importance of the Supreme Court of Canada decision in Stuart Olson Dominion Construction v. Structal

Speaker, Practice Gems: Construction Lien Essentials 2016, The Law Society of Upper Canada  

Sandra D. Astolfo

Presentation

February 2016

Tarion 101: The Basics, and Beyond

Moderator, The Advocates' Society 

Sandra D. Astolfo

Presentation

February 2016

Ethical and Professional Issues In Litigating Real Estate Disputes

Speaker, The Litigator's Guide to Real Estate, Construction and Leasing Disputes, Osgoode Hall Law School

Sandra D. Astolfo

Presentation

November 2015

When Construction Liens and Real Estate Collide: How Liens Can Ruin a Landlord's or Receiver's Day and Other Title Nuisances

Co-Chair, OBA

Sandra D. Astolfo

Presentation

October 2015

Reversing the Priorities, Again When Bankruptcy and Construction Collide: Round 2

Moderator, The Advocates' Society

Sandra D. Astolfo

Presentation

August 2015

Fundamental Concepts under the Construction Lien Act

Chinese Professional Association of Canada

Jonathan Goode

Presentation

May 2015

Under the “Honesty” Microscope: A New Approach to Reading Construction Claims

Speaker, Construction Law Best Practices 

Sandra D. Astolfo

Presentation

March 2015

Do Experts Always Have to Produce a Report to Give an Opinion at Trial?

Torkin Manes LegalWatch - Spring 2015

Marco P. Falco

LegalWatch

February 2015

Practice Alert: A New Year, a New Rule - Amendments to Rule 48 and Form 14A

OBA Construction & Infrastructure Law

Sandra D. Astolfo

Article

More Publications

Gregory D. Hersen

Practice Group Lead

Tel: 416 777 5400  Fax: 1 888 812 2560
Email: ghersen@torkinmanes.com

Jonathan Goode

Tel: 416 360 4733  Fax: 1 888 463 8133
Email: jgoode@torkinmanes.com

Ryan Hauk

Tel: 416 643 8810  Fax: 1 844 275 6200
Email: rhauk@torkinmanes.com

Kayla Kwinter

Tel: 416 777 5420  Fax: 1 888 732 6510
Email: kkwinter@torkinmanes.com

Anthony Scane

Tel: 416 360 4736  Fax: 1 844 842 9186
Email: ascane@torkinmanes.com

Michael Tamblyn

Tel: 416 777 5366  Fax: 1 844 842 9184
Email: mtamblyn@torkinmanes.com

Practice Group Lead(s)

Gregory D. Hersen 416 777 5400 ghersen@torkinmanes.com

Practice Group Lawyers

Jonathan Goode 416 360 4733 jgoode@torkinmanes.com
Ryan Hauk 416 643 8810 rhauk@torkinmanes.com
Kayla Kwinter 416 777 5420 kkwinter@torkinmanes.com
Anthony Scane 416 360 4736 ascane@torkinmanes.com
Michael Tamblyn 416 777 5366 mtamblyn@torkinmanes.com
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